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Our Perspectives on Current Criminal Law & Social Justice Issues

Defamation Law and the #MeToo Movement

Defamation law in Australia has become a controversial topic in the wake of the #MeToo movement. Since victims of sexual harassment and sexual assault began to make claims against abusers on social media platforms, the law on Defamation has been pinned down by some public opinion. Undeniably, the proliferation of the #MeToo movement has had Read more about Defamation Law and the #MeToo Movement[…]

NSW Police Charged With Domestic Violence Offences

An alarming number of NSW police officers have been charged with offences related to domestic violence. According to documents obtained by ABC under the Government Information (Public Access) Act, a total of 17 NSW police officers were involved in domestic violence offences since February 2017. The criminal acts range from stalking and intimidation to assault occasioning Read more about NSW Police Charged With Domestic Violence Offences[…]

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[…]

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[…]

New Test for Police Negligence

Robinson (Appellant) v Chief Constable of West Yorkshire Police (Respondent) [2018] UKSC 4 Facts: A plainclothes police officer DS Willan, spotted a Mr. Williams apparently dealing drugs. DS Willan called for back up and three other plainclothes officers soon joined him. Mr Williams entered a shop. They planned to ambush the suspect when he left Read more about New Test for Police Negligence[…]

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[…]