Suing NSW State For Protest Arrest
Your Rights Matter. We Hold NSW Police Accountable For Unlawful Protest Arrests
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
Our civil lawyers have a strong history of successfully representing protesters, activists, and demonstrators who have been wrongfully arrested, assaulted, or unlawfully detained by NSW Police. We have secured favourable settlements against the State of NSW in police misconduct claims, holding police and government agencies accountable when they breach the rights of citizens exercising the freedom to protest.
Extensive Police Law Expertise
Our team of highly experienced civil lawyers including NSW Law Society accredited specialists have in-depth knowledge of NSW police powers, the Police Administration Act, and civil law throughout Australia. We expertly navigate the complexities of suing NSW police and the legal system to ensure the best possible outcome for our clients.
Personalised Approach
A civil litigation lawyer understands that every case of suing NSW police is unique. Our civil lawyers take the time to understand your situation, we will use our legal expertise to tailor a legal strategy to achieve the best possible outcome when suing Sydney police on your behalf.
No Win, No Fee*
In some cases, we provide a no win, no fee option so you can pursue strong legal representation without worrying about upfront costs or financial risk. If we don’t win, you don’t pay, simple as that.
Types of Protest Arrest Claims We Handle
FALSE ARREST & UNLAWFUL IMPRISONMENT
We represent protesters who were arrested without lawful justification at rallies, marches, vigils, pickets, and civil disobedience actions across Sydney and NSW. If police lacked reasonable grounds to arrest you, or detained you beyond what the law permits, you may be entitled to compensation.
EXCESSIVE FORCE & POLICE ASSAULT
If you were punched, tackled, pepper-sprayed, struck with a baton, or otherwise subjected to excessive force by NSW Police at a protest, you may have a civil claim for assault and battery. We investigate use-of-force incidents and build cases on behalf of injured demonstrators.
MALICIOUS PROSECUTION
Where NSW Police have pursued protest-related charges against you without reasonable and probable cause, and those charges were later dismissed, withdrawn, or resulted in acquittal, you may be able to sue the State for malicious prosecution and recover compensation for the harm caused.
Unlawful Searches and Seizure of Property
Protesters are frequently subjected to unlawful personal searches, bag searches, and seizure of banners, signs, phones, or equipment. Where these actions fall outside the powers granted to police under LEPRA or other legislation, civil remedies may be available.
Breach of Human Rights and Freedom of Assembly
NSW common law protects the right to peaceful assembly and freedom of political communication. Where police action unreasonably interferes with an authorised public assembly or a peaceful protest, we can advise on the civil claims available.
Other Protest-Related Civil Claims
Every case is different. We handle a wide range of claims arising from protest policing, including kettling, unlawful move-on directions, unjustified use of tasers or capsicum spray, breaches of bail conditions imposed to suppress protest activity, and systemic policing failures at large demonstrations. Read more about our civil litigation practice.
Protecting Your Rights: How We Fight for Protesters
At O’Brien Criminal & Civil Solicitors, our civil litigation team is committed to helping protesters in Sydney and across NSW navigate what can be an overwhelming legal process. Here are some of the ways we can help:
We meticulously gather and analyse all available evidence, including police bodycam and dashcam footage, CCTV, live-stream recordings, mobile phone footage from other protesters, witness statements, medical records, and internal police documents obtained through subpoena. No detail is overlooked in building the strongest possible case on your behalf.
We file your civil compensation claim against the State of NSW and manage the entire legal process on your behalf. We handle communications with the Crown Solicitor and government lawyers, negotiate settlement outcomes, and advise you at every step. Learn more about our civil claims process.
If a fair settlement cannot be reached, our experienced Sydney litigators will represent you in the Local Court, District Court, or Supreme Court of NSW with conviction and care. We have successfully run civil matters against the State at trial and are always prepared to advocate fearlessly for our clients.
We Also Help Clients Sue The Police Across Australia
Misconduct by police demands specialised legal action. Our civil litigation team serves clients nationwide, from major cities to remote communities across Australia.
Meet Our Civil Law Team
Our legal team, led by Principal Solicitor Peter O’Brien, brings decades of combined experience in civil litigation on behalf of individuals who have been wronged by the State. We understand the immense courage it takes to stand up to police and government agencies, and we are committed to standing with protesters every step of the way.
With a history of advocacy in courts across Australia, including the High Court of Australia, our team has the depth of expertise to handle complex claims against NSW Police and the State of NSW. No matter the scale of your case, we will provide clear advice, a defined strategy, and determined representation.
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
The Civil Law Claims Process
1. Free Initial Consultation
Contact our Sydney civil lawyers for a free, confidential consultation. We will listen to what happened at the protest, explain whether you may have a claim against the State, outline your legal options, and answer any questions you have about the process ahead.
2. Investigating & Building Your Case
If you decide to proceed, your lawyer will gather all relevant evidence, including police records, bodycam footage, medical reports, protest footage, and witness information. We build a thorough and strategic case on your behalf.
3. Communication & Updates
We keep you informed and involved at every stage. Your lawyer will explain legal processes in plain language and work collaboratively with you as your matter progresses. You will never be left wondering where things stand.
4. Pursuing a Resolution
Our lawyers work to achieve the best possible outcome, whether that means negotiating a settlement with the State of NSW, engaging in mediation, or representing you in court proceedings.
Remember: Civil claims against the State for wrongful arrest, assault, and malicious prosecution are legally complex and time-sensitive. Seeking expert advice as soon as possible gives you the best chance of securing compensation and accountability.
What to Do If You Need Help A Lawyer For Protest Arrest
The period immediately following a protest arrest can be chaotic and distressing. The following steps may help protect your rights and legal options.
Suing NSW Police For Protest Arrest
- Document Everything
- Record Details: Our civil litigation lawyers will advise you to write down everything you remember about the incident, including the time, location, police officers involved (names or badge numbers), and any conversations or actions taken.
- Collect Evidence: Gather any evidence that supports your claim when suing NSW police, such as photographs of injuries, medical records, CCTV footage, and contact information of any witnesses.
- Seek Legal Advice Immediately:
- Consult a Lawyer: A specialist civil lawyer will provide an honest assessment on your situation, advise you on your rights when suing NSW police, and develop a strategy to pursue your claim.
- Understand Your Case: Our civil litigation lawyers will explain the legal grounds for suing police, potential compensation, and the steps involved in your claim.
- Avoid Retaliation
- No Retaliation: Do not take any retaliatory actions against the police officers involved. Let your lawyer handle all communications, legal actions, and commence legal proceedings on your behalf when suing NSW police.
General Tips for Suing Police For Protest Arrest
- Injuries And Losses
- Document Your Injuries: If you were injured, seek medical attention immediately and retain all medical records, receipts, and photographs of injuries. Also keep records of lost income, damaged property, and out-of-pocket expenses resulting from the arrest.
- Evidence Preservation: Swift action helps secure evidence and witness statements that are crucial to your case when suing police.
- Resolve the Criminal Matter First (If Applicable)
- Malicious prosecution claims generally require that the underlying criminal charges be dismissed, withdrawn, or result in acquittal. Our team can advise on how your criminal matter interacts with any civil claim against the State, see also our protest charge defence page.
- Legal Guidance: At our firm, our criminal lawyers can first represent you and defend you when you're charged with criminal charges stemming from protest activity.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs
Yes. In New South Wales, you can sue the State of NSW for wrongful arrest, false imprisonment, assault and battery, and malicious prosecution arising from police conduct at a protest. To succeed, you generally need to show that the arrest was unlawful, that police used force that was not reasonably necessary, or that charges were pursued without reasonable cause.
An arrest is unlawful if police did not have reasonable grounds to suspect you of committing an offence, if they failed to follow proper arrest procedures under LEPRA, or if the arrest was used as a de facto means of preventing lawful protest rather than for any genuine law enforcement purpose. Each case turns on its specific facts.
Claims are typically brought against the State of NSW, which is vicariously liable for the conduct of NSW Police officers. In some cases, individual officers may also be named as defendants.
Claims are typically brought against the State of NSW, which is vicariously liable for the conduct of NSW Police officers. In some cases, individual officers may also be named as defendants.
Compensation can include damages for loss of liberty, hurt feelings and humiliation, physical injuries, psychological harm, lost income, legal costs incurred defending criminal charges, and in some cases aggravated or exemplary damages where police conduct was particularly egregious. Our lawyers can give you a clearer picture of what may be recoverable in your specific circumstances during a free initial consultation.
Yes. Strict time limits apply to civil compensation claims in NSW, and in some cases pre-action notices must be served on the State within months of the incident. It is important to seek legal advice as soon as possible to ensure your claim is not affected by limitation periods.
For claims of malicious prosecution, yes, you generally need the underlying charges to be dismissed, withdrawn, or to result in acquittal. However, claims for wrongful arrest, false imprisonment, and assault can sometimes be pursued even while criminal matters are on foot. If you are still facing charges, see our protest criminal defence page. Our lawyers will advise on the best timing and strategy for your case.
Yes, if the use of force was not reasonably necessary in the circumstances. NSW Police are only permitted to use force that is reasonable and proportionate. If you were subjected to excessive force, pepper spray, tasers, batons, or tackled unnecessarily, you may have a claim for assault and battery against the State.
Even where a public assembly has not been formally authorised under the Summary Offences Act 1988 (NSW), police still cannot arrest peaceful protesters without lawful grounds, and their actions remain subject to LEPRA and the common law. Whether your arrest was lawful depends on the specific facts, contact our team for advice.
We offer flexible payment options, including no-win-no-fee arrangements in suitable cases, so that cost does not prevent you from seeking justice. We will discuss fees openly during your free initial consultation.
Civil Law Case Studies
- Nicole Byrne
- May 12, 2026
This case concerns the unlawful arrest of a First Nations elder who was peacefully
- Nicole Byrne
- April 28, 2026
This civil case study concerns the unlawful arrest of a young boy with Autism
- Nicole Byrne
- April 25, 2026
False Imprisonment Claim: When an Aboriginal mother called her local police station asking for
- Nicole Byrne
- April 28, 2026
This case study concerns the unlawful arrest of a young man outside a licensed
- Nicole Byrne
- April 3, 2026
A former inmate at Dillwynia Correctional Centre successfully pursued civil action after being exploited
- Nicole Byrne
- March 31, 2026
A routine police stop in NSW escalated into an unlawful arrest, physical force, and
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