Posts Categorized: NSW Courts

First Nations People Cannot Be Deported as Aliens, High Court Rules

High court

The majority of the High Court of Australia ruled on 11 February that the First Nations people of this continent cannot be deported as aliens, even if they’re noncitizens, in cases where their Indigeneity can be proven. The decision was based on the tripartite test of Indigeneity established in the landmark 1992 High Court case… Read more »

Adverse Inferences Cannot Be Drawn About a Defendant’s Unchallenged Silence

Interview room

By Paul Gregoire and Ugur Nedim When Carlingford High School chaplain David Hogg parked his car at Miller’s Point in an isolated area underneath the Harbour Bridge on the evening of 29 July 1988, the 16-year-old year 11 student in the passenger seat thought they were going to discuss the troubles she was experiencing at… Read more »

Police Cannot Arrest Individuals Without Intending to Charge Them, High Court Rules

High Court of Australia

By Paul Gregoire and Ugur Nedim The High Court of Australia has recently handed down an important judgment which makes clear that NSW police officers do not have the power to arrest individuals without a warrant if, at the time of the arrest, the officer has no clear intention of charging them with a particular… Read more »

How Do I Write an Affidavit for Court?

Affidavit

By Paul Gregoire and Ugur Nedim Daughter of former prime minister Bob Hawke, Rosslyn Dillon has recently lodged a $4 million legal claim on her late father’s estate. In the affidavit she’s submitted to the NSW Supreme Court, Ms Dillon details the basis for the claim, which involves a rape allegation coverup. The future prime… Read more »

NSW Serious Crime Prevention Orders Are Lawful, High Court Rules

High court

By Paul Gregoire and Ugur Nedim On 5 October last year, NSW police commissioner Mick Fuller commenced civil proceedings in the NSW Supreme Court seeking to have serious crime prevention orders (SCP0s) imposed upon alleged Rebel motorcycle gang members Damien Charles Vella, Johnny Lee Vella, and Michael Fetui. The orders sought to restrain and prohibit… Read more »

NSW Local Court In Crisis

NSW Local Court

The annual review of the local court, which deals with more than 90 per cent of criminal matters in the state, shows a massive surge in the number of cases being dealt with by the court since 2013 – about 70,000 cases over the six year period. Last year, almost 340,000 criminal matters came before… Read more »