By ANDREW FRASER “If you search the Internet, you will find websites to satisfy every sexual proclivity known to man and woman, but you won’t find anything relating to sexy barristers wearing a wig and gown.” · Confessions Of A Barrister, by Russell Winnock. It is fitting perhaps…
Read MoreSince the start of the COVID-19 pandemic, businesses have had to do things differently. There has been a greater reliance on technology and more businesses are reporting that they are in financial difficulties due to the lockdown. In response, the federal government has temporarily amended several pieces of corporate legislation…
Read MoreCommentators over the years have sought to characterise the direction of the High Court under several chief justices in different ways. The Barwick Court was said to be a black letter (except for advisory opinions on sacking governments!), the Gibbs Court cautious and the Mason and Brennan Courts expansive, even…
Read MoreThe role of the Children’s Court is to hear and determine certain criminal matters involving children who are accused of committing crimes. All charges will start in the Children’s Court, and most will be finalised there. However ‘serious children’s indictable offences’ will be finalised in adult courts, following certain procedures pertaining to…
Read MoreBy CARA MAYNARD The recent decision of the High Court in Pell has captured the interest of not only Australians, but also the world. But what does the case mean for individuals who also find themselves accused of historical sex offences? George Pell was tried before a jury in…
Read MoreBy Andrew Fraser “Unelected judges” are getting in the way of justice, overturning what juries have properly decided and thwarting what the community “knows” is right. Or so the story goes, fuelled by some media commentary. The recent case of Cardinal George Pell has attracted much attention, and criticism –…
Read MoreOn the 22nd of April, 2020, four police officers were killed on Melbourne’s Eastern Freeway. They had pulled over the driver of a Porsche 911 which had allegedly been speeding. The driver, 41-year-old Richard Pusey, reportedly tested positive for methamphetamines and cannabis when tested at the roadside. Two members of…
Read MoreWhilst restrictions for COVID-19 are in place, children of school age in NSW are encouraged not to attend school. But as the restrictions lift and the transition back to school commences in Term 2, we return to a system where school attendance is compulsory for most children. So what is…
Read MoreEvery Australian state and territory has responded to the COVID-19 crisis, with each jurisdiction implementing its own changes to court procedures. Whilst normally, it is mandatory for parties to proceedings to appear at court in person, people are currently being advised to stay away from court buildings if they feel…
Read MoreThe driver of a truck that hit and killed four police officers last week on Melbourne’s Eastern Freeway has been charged and remanded in custody. The four police officers were killed last week when the driver, Mohinder Singh Bajwa lost control of his truck on the freeway and collided with…
Read MoreWhilst we all hope that we will never be involved in a vehicle collision or witness one, we simply cannot predict the future and there may be circumstances where we are. When an individual is in this situation, they have responsibilities. The law requires a person to do certain things…
Read MoreIf a parent unilaterally relocates with a child, it is possible to recover the child by making an Application to the Court for the child to be recovered and returned to the person the child was taken from. A recovery order is defined in section 67Q of the Family Law…
Read MoreA few months ago, you may have seen news stories and online articles about the use of facial recognition technology by law enforcement agencies around the world. The facial recognition technology in question is a product of a company called Clearview AI, which was founded by Australian Hoan Ton-That. The technology…
Read MoreAs we enter the second month of lockdowns and restrictions on account of Covid-19, and we are continually being advised by the Government to “maintain social distancing”, the impact on parenting arrangements is starting to come to the fore. The most common and serious issue is whether time between children…
Read MoreIn May 2018 the Attorney General’s office announced a review of the sexual consent provisions in the Crimes Act to determine whether the legislation should be amended to protect the alleged victims of sexual assault better. The review was prompted mainly by increased community dialogue about the rights of victims of sexual…
Read MoreAs the world becomes more technologically advanced, the way in which people commit crimes does too. For years there has been an upward trend in the commission of fraud and cybercrime offences. The more people that tap and go means fewer people with large amounts of cash in their wallets,…
Read MoreHave you been charged with a criminal matter and are now panicking even more because you don’t know if its safe for you to get to Court? We can help. NSW Courts are instituting a range of new measures in the wake of the crisis currently gripping the world. Some…
Read MoreWe are presently in a global pandemic. Governments around the world have announced measures and policies to deal with and limit the spear of the COVID-19 virus. The Australian government, like most other countries, has taken significant steps which has included banning entry to Australia by non-residents, self-isolation measures for…
Read MoreThe NSW government has implemented new and amended existing legislation as a result of the COVID-19 pandemic. One of the Acts that has been amended to introduce new law is the Public Health Act 2010 (NSW). The Public Health Act is the legislation that pertains to the government’s protection, monitoring and regulation of…
Read MoreThe legislative amendments, Public Health Orders and restrictions put in place by the NSW government in light of the COVID 19 pandemic mean that police are now issuing people with infringement notices and court attendance notices where they believe a law has been broken. These legislative amendments, combined with the closure of…
Read MoreThe Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 under the Public Health Act outlines exactly what the rules are. You should be mindful that there are very significant penalties that comply if you breach the rules, including gaol. The directions, in a nutshell, are as follows: You…
Read MorePolice have powers under the Public Health Act 2010 (NSW) to enforce the Social Distancing Rules. You can get a copy of the rules on the NSW legislation website. In summary, what the police can do is as follows: Issue you with a Penalty Notice: Police can issue on the spot fines to…
Read MoreMost people have heard the term “coronial inquest” from reading articles online, seeing news stories or on one of the many popular true crime podcasts that investigate disappearances and death. However, not everyone understands exactly what a coronial inquest is, why they are held in relation to some deaths, but not others,…
Read MoreWe all know that teenagers, and even children, can commit crimes – but what happens when they do? It’s not uncommon to hear myths or misconceptions surrounding children and crimes. From time to time we hear about children being tried as adults in the United States, stories about riots in…
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