Unreasonable Suspicion and Wrongful Arrest by Police

Attalla v State of NSW [2018] NSWDC 190 Facts: On an early morning, three police officers confronted Mr Attalla (Plaintiff) sitting on a stone wall in front of a church texting on his mobile phone. One of the police members, Officer Cruickshank, suspected that Mr Attalla possessed prohibited drugs and thereby proposed he be searched. Read more about Unreasonable Suspicion and Wrongful Arrest by Police[…]

A Guide to Defamation Laws in Australia

What is defamation? Defamation is an act of falsely publishing something that harms the reputation of an identifiable person without a legal excuse. The offence has an element of intent, where the publisher wishes to cause serious harm to the person, or without having regard to whether there is serious harm. Defamation can be a Read more about A Guide to Defamation Laws in Australia[…]

Arrest Without Warrant After The Robinson Case

Section 99 of the LEPRA confers power on a police officer to arrest a person without warrant on reasonable suspicion of having committed an offence. This section was amended by the Law Enforcement (Powers and Responsibilities) Amendment (Arrest without Warrant) Act 2013, with effect from 16 December 2013. However, before LEPRA was enacted in NSW, Read more about Arrest Without Warrant After The Robinson Case[…]

Unlawful Arrest: Police Decides to Charge After Arrest

If you are arrested and then make admissions during this arrest which is then deemed to be unlawful, the evidence you have already given can be readily excluded at the court’s discretion. This is what effectively happened in the radical case of Robinson which was handed down by the NSW Court of Appeal on the Read more about Unlawful Arrest: Police Decides to Charge After Arrest[…]

Defamation Law: Reputation is the New Currency

 It would not be foreign to assume the popular opinion, that the area of Defamation law is a novel and controversial one at best. In fact, with the advent of technology and social media giving rise to easily made offensive remarks and spurious claims on sites such as Facebook, Twitter, YouTube and countless others regarding Read more about Defamation Law: Reputation is the New Currency[…]

Disconnected Electricity Sparks Tort of Misfeasance

NYONI v SHIRE OF KELLERBERRIN [2017] FCAFC 59 Facts: The claim commenced when an electrician advised Mr. Friend, in the position as CEO of the Shire, that he intended to disconnect the electricity to Mr. Nyoni’s pharmacy. It was common ground that the disconnection was carried out without the authority of the supplier of the Read more about Disconnected Electricity Sparks Tort of Misfeasance[…]

Family Feuds with the Nine Network

NINE NETWORK AUSTRALIA PTY LTD v TABBAA [2018] NSWCA 243 Facts: The respondents to the application (Mr and Mrs Tabbaa) brought defamation proceedings against the applicant (Nine Network) Tabbaa v Nine Network Pty Ltd (No.10) [2018] NSWSC 468. The proceedings were brought as a result of a television interview, which was broadcast featuring the respondents’ Read more about Family Feuds with the Nine Network[…]

Parklea Correctional Centre: The Capital of Bodies in Prison

‘Some of the most wicked and worst in our community are in jail. Many are far from that. But all in inmates are someone’s loved one, a sibling, parent, grandparent or child. They should not be treated as a commodity for trade in a prison industry. But as people in need of assistance.’ – Peter Read more about Parklea Correctional Centre: The Capital of Bodies in Prison[…]

Don Dale Youth Detention Centre: Outcry of the Child Detainee Population

The events that occurred last night within the harrowing institution of the Don Dale Detention Centre in Darwin, are a reflection, and have probably been brought about by the inhumane conditions of that place. The upheaval by detainees symbolises the demoralising conditions in which the detained youth have been forced to live under the NT Read more about Don Dale Youth Detention Centre: Outcry of the Child Detainee Population[…]

U.S. Police Officer Charged with the Murder & Manslaughter of Australian Woman

In the United States, a former police officer Mohamed Noor will stand trial for murder and manslaughter charges for the 2017 shooting of an Australian woman Justine Damond Ruszczyk. An unwarranted and tragic death in the U.S. On 15 July 2017, Ms Ruszczyk believed that a possible sexual assault was taking place in an alley behind her Read more about U.S. Police Officer Charged with the Murder & Manslaughter of Australian Woman[…]