NSW Courts Articles

NSW Court of Criminal Appeal Court Reduces “Crushing” Sentence of Convicted Fraudster

By Paul Gregoire and Ugur Nedim A Ponzi scheme is a type of fraud whereby a person who claims to be a successful investor lures victims into providing their funds for false business ventures. As the original investors spread the word about their above-market returns, they attract new investors whose funds are then used to… Read more »

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A Rundown of the NSW Ministerial Code of Conduct

By Paul Gregoire and Ugur Nedim NSW government ministers are required to “pursue and be seen to pursue the best interests of the people” of this state to “the exclusion of any other interest”, the preamble to the NSW Ministerial Code of Conduct asserts in its first paragraph. The current code was enacted in September… Read more »

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NSW Magistrates and Judges Need to Rebuild Public Trust, Chief Justice Bathurst asserts

By Paul Gregoire and Ugur Nedim Long gone are the days when the public was expected to blindly trust institutions. Over recent years, there has been a marked decline in trust especially in public organisations. And this has gotten to the point where these entities need to question how they can build trust in the… Read more »

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Can I Sue My Lawyer for Negligence? Advocates Immunity in Australia

By Paul Gregoire and Ugur Nedim In 1996, Mr D’Orta-Ekenaike was charged with rape. So, the Melbourne man sought legal assistance from Victoria Legal Aid, which subsequently retained the services of a barrister. And despite the accused claiming innocence, this barrister advised him to plead guilty, as he had no defence. D’Orta-Ekenaike then pleaded guilty… Read more »

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The Ten Commandments of Evidence-In-Chief

By Paul Gregoire and Ugur Nedim Evidence-in-chief involves a witness being questioned in court by the party that called them to appear. Also referred to as examination-in-chief, this initial questioning establishes the foundation of either a defence or prosecution case, and it occurs prior to cross-examination. There are limitations to the type of questions a… Read more »

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NSW DPP Prosecuting Guidelines Part 3: Charge Negotiations, Vulnerable and Unrepresented Defendants, Judge-Alone Trials, Jury Selection, Retrials, Proceeds of Crime and the Media

By Paul Gregoire and Ugur Nedim In carrying out its operations, the Office of the Director of Public Prosecutions (ODPP) follows the procedures set out in the ODPP Prosecution Guidelines. This article is the final in a series summarising the processes and principles set out in the document, which govern the independent body that prosecutes… Read more »

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NSW DPP Prosecuting Guidelines Part 2: Prosecution’s Duty of Disclosure, Immunities, Informants, Victims of Crime and Vulnerable Witnesses

By Paul Gregoire and Ugur Nedim Having been in operation since July 1987, the Office of the Director of Public Prosecutions (ODPP) is the statutory body that prosecutes those who have committed serious offences against the laws in NSW on behalf of the state and its people. The NSW Director of Public Prosecutions (DPP) is… Read more »

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Are Recordings of Private Conversations Admissible in Court?

By Paul Gregoire and Ugur Nedim On 25 January 2017, an argument broke out between three siblings, who were attending the nursing home where their mother lived. The dispute involved Yvette Court claiming her brother Robert Rathswohl and sister Lisa Davies had left all the care of their elderly parents up to her. Rathswohl and… Read more »

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