civil lawyers

Arrest for the purpose of questioning: Clarifying Robinson

The NSW Court of Appeal has clarified the circumstances when NSW Police can arrest someone for an interview. Harris v State of New South Wales [2021] NSWCA 208 confirmed that an officer can arrest someone with the intention of questioning them. However, they must already have the intention to charge them regardless of if they …

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Arrest for the purpose of questioning Clarifying Robinson (2)

Death of paedophile priest used to evade new allegations against the Catholic church in NSW

The death of Lismore paedophile priest Father Clarence Anderson has sheltered the Church from new allegations of child sexual abuse. The victim in question, a woman referred to as GLJ, took her case to the Supreme Court of NSW. She argued that the Catholic Church is liable for the traumatic attack she experienced as a …

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Privacy laws in New South Wales

Protection of privacy is an ever-growing area of concern in the digital age. While there is no current tort for breach of privacy, there are statutory provisions which govern the collection, use and disclosure of private information. Commonwealth Legislation Commonwealth agencies and organisations with an annual turnover of more than $3 million are covered under …

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Privacy obligations in New South Wales

Child attempted to take own life at Don Dale detention centre

A 16-year-old child attempted to end his life while left alone in a cell at Don Dale Detention Centre. The boy’s family has revealed that authorities took him to Royal Darwin Hospital twice in one week for self-harming. Don Dale suicide attempt: Child discharged from hospital, goes into isolation According to the family, the boy …

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Defamation: Google ordered to pay $715,000 to former NSW deputy premier

Google has been ordered to pay former NSW deputy premier John Barilaro $715,000 after they failed to remove defamatory videos from their YouTube platform. The judge found that Barilaro was subjected to “relentless and vicious campaign” of cyberbullying that led him to resign from politics prematurely. Google failed to remove YouTube videos Google, who owns …

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Man dies after being pepper-sprayed by police on Sydney highway

A man has died after he was pepper-sprayed by NSW Police during an arrest. The 41-year-old was walking through traffic on the M5 at Moorebank around 3:30am on Sunday when police approached him. Man dies after confrontation with police Assistant Commissioner Stuart Smith said that police arrived at the scene to find the man running …

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Reasonable force: Man dies after being pepper-sprayed by police on Sydney highway

NSW Attorney-General makes progressive move in ‘war on drugs’

In a somewhat surprising move, the NSW Attorney-General has declared that drug policies in NSW are “clearly not working”. Attorney-General Mark Speakman has proposed laws where those caught with small quantities would be fined, rather than go to court. The progressive move acknowledges that the current hard-line stance on drug use, the so-called “war on …

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War on drugs: NSW Attorney-General pushes for fines only for small possession

ACT drafts intersex law preventing medical procedures without consent

The ACT Government revealed landmark legislation preventing medical interventions on intersex people without informed consent. The new laws would establish a new process for intersex people and their families seeking medical treatment. The Variations in Sex Characteristics (Restricted Medical Treatment) Bill 2022 is currently in its consultation phase. Those born intersex given power to make their …

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ACT drafts intersex law preventing medical procedures without consent

Young men abused in disability care never received apology, Disability Royal Commission hears

Two young men with disabilities who suffered abuse in care never received compensation or any formal apology. The Disability Royal Commission recently examined allegations of Abuse by a carer at NDIS provider Afford. Disability carer jailed for three years A disability support carer in Sydney’s west was jailed for three years on abuse-related charges. Police …

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Young men abused in care never recieved apology, Disability Royal Commission hears

QLD police union boss sent defamation claim against DV expert

QLD Police Union boss Ian Leavers has issued a defamation letter to an academic alleging he was defamed on Brisbane radio. Leavers sent a Concerns Notice to Professor Kerry Carrington, one of the leading experts on policing of domestic violence in Australia. It is alleged that Carrington made defamatory comments about him on Brisbane radio station …

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