Historical abuse emerged as a significant social issue over recent decades. However, claimants seeking compensation struggle to hold abusers accountable and receive fair compensation. Courts are reluctant to hold an organisation liable for deliberate, wrongful or criminal acts by its
Early Career & Education
Awards & Media
The Firm: O'Brien Criminal & Civil Solicitors
Early Career & Education
Peter is the Principal Solicitor and founder of O’Brien Criminal and Civil Solicitors. He is a highly experienced criminal defence and civil litigation lawyer with more than twenty-five years of experience throughout all Australian jurisdictions.
Peter is widely acknowledged and considered a leading civil litigator in the area of intentional torts in Australia, particularly in areas of unlawful imprisonment, malicious prosecution, and assault and battery.
He has successfully represented clients in some of the most noteworthy cases in these areas in the country. He is also the author of the leading text, Intentional Tort Litigation in Australia, published by Federation Press. For these reasons, he often appears in the Australian media to discuss recent cases and law reform.
Education:
– Peter’s journey in law began at the University of Technology Sydney (UTS), where he
completed a Bachelor of Business and a Bachelor of Laws between 1990 and 1996.
– He was the President of the UTS SRC in 1994.
– Peter was a member of the UTS University Council in 1995.
– His passion for accessible legal education and support began early in his career, leading
him to establish the UTS Community Law and Legal Research Centre in 1996.
Early Career:
– In 1998, Peter started his impactful work at the Legal Aid NSW’s Children’s Centre, where he represented the most vulnerable in our society.
– His advocacy work continued at the Aboriginal Legal Service in the Northern Territory from 2000 to 2006.
– He lectured within the Law Faculty at the University of Technology Sydney from 2006 to 2013.
– He established his firm in 2007.
Awards & Media
Peter has received many awards in his career, including:
– Awarded Children’s Lawyer of the Year for the Northern Territory in 2001.
– The Australian Human Rights Commission – Law Award in 2016.
– In 2023, The President of the Law Society NSW awarded him the prestigious Presidents Medal and praised him and the firm for its outstanding work in relation to a malicious prosecution claim, and misfeasance in public office claim against the NSW Police –Spedding v NSW [2022] NSWSC 1627 upon which he worked for almost a decade, and in 2024 became the leading precedent on these areas of law, with the highest damages payout in Australian history.
During the President of The Law Society‘s speech, Peter was labelled an ‘Advocate for the Disadvantaged.’ The President also remarked that:
“Mr O’Brien has demonstrated an ongoing commitment to providing access to justice to those who need it most, from representing children in the care and protection system for Legal Aid NSW, to private practice, where he represents legally aided clients and makes substantial contributions through his pro bono work.”
– In 2024, Peter was awarded the President’s Medal from the Law Council of Australia in 2024. President, Mr McIntyre SC, said whilst presenting the award:
“The resume of NSW Solicitor, Mr Peter O’Brien shows a commitment to serving the community and ensuring those in need, but with the least facility to access justice, have somewhere to turn. Mr O’Brien’s commitment to justice is unwavering and through his efforts has achieved just outcomes for many vulnerable clients”
– In 2024, Peter received the UTS Chancellor’s Award for Excellence, and the UTS Alumni Law Award.
– Peter and his firm were awarded the Pro Bono Service Award from the Law Society of NSW in 2024.
Media
Peter regularly appears in the Australian media to discuss cases and law reform. Here are just a few of his media appearances. Read our Blog & Media pages, and follow us on social media (@obriensolicitors) to keep updated on all press.
– In 2017, Peter was interviewed by Channel 7 News. In the interview, he pressured the Northern Territory to close Don Dale Detention Centre.
– Spoke to ABC News about a noteworthy Defamation case against Nationwide News Pty Ltd.
– Was interviewed by The Sydney Morning Herald concerning a case about a man accused of killing an intruder granted bail for the second time.
– SBS interviewed him about the Don Dale inmates who received compensation for the abuse they sustained.
– Peter O’Brien’s cross-examination of Cardinal George Pell during the Abuse Royal Commission, March 2016 appeared in the press.
– In 2024, Peter was interviewed by ABC News about the death of Brad Balzan. Brad was a young man shot dead by the police in his own backyard, his only crime was wearing a hoodie on a hot day which invoked police suspicion. Peter is representing Brad’s father in a claim against NSW police.
The Firm: O'Brien Criminal & Civil Solicitors
Peter O’Brien’s firm has 27 dedicated staff members. Under his leadership, the firm has become a beacon of hope for many seeking justice and legal representation.
Most of the firms work is representing those who are legally aided, or who have meritorious cases on a no-win, no-fee basis.
Since establishing O’Brien Criminal and Civil Solicitors, Peter has:
– Worked on complex criminal and civil matters and appeared in courts at all levels.
– Represented clients who have been granted Legal Aid and has acted for many clients on a pro bono basis.
– Represented clients in all major State, Territory and Commonwealth Royal Commissions.
– Represented multiple detainees in the Northern Territory Royal Commissions.
– Acted in false imprisonment and malicious prosecution cases which have created new law in Australia.
– Co-authored the leading book in the area of intentional tort litigation: Intentional Tort Litigation in Australia.
– In 2016, Peter assisted the Royal Commission into Institutional Responses to Child Abuse, including his widely applauded cross examination of Cardinal George Pell, on behalf of a survivor of child sexual abuse.
– Represented the plaintiff, William Spedding in a famous lawsuit against the State of NSW for malicious prosecution, misfeasance in public office, and abuses of process after he was arrested and charged during investigations into the disappearance of William Tryell – this case lead to the highest payout of compensation for matters of its type in Australia.
– In 2024, Peter and the firm provided pro bono legal assistance to Aboriginal people in the Northern Territory by way of secondments to the North Australian Aboriginal Justice Agency (NAAJA) in Alice Springs, when a lawyers shortage in that area meant that vast number of Aboriginal people were being unrepresented in Court.
Of course, his experience and successes extend far beyond this short list. Peter O’Brien’s career is a testament to a life dedicated to enhancing the legal profession and ensuring justice is accessible to all. His tireless work, ethical standards, vast experience, expertise and professional achievements are widely acclaimed, and go above and beyond the industry standard.
Recent Articles by Peter O'Brien
**Section 203E of the Crimes Act 1900** establishes an offence for intentionally causing a fire and being reckless as to the spread of the fire to vegetation on public land or land belonging to another. This bushfire arson offence carries
May 18, 2023
If you are or someone you know is under 18 years of age and has been charged with a minor drug offence, there’s a way to avoid court proceedings. Under the Young Offenders Act 1997 (NSW), youth diversion programs can be
May 10, 2023
What is Operation Amarok II? This was a 4-day high-impact operation across NSW targeting the state’s most dangerous domestic violence high-risk offenders. The operation ran from Wednesday (19 April 2023) to Saturday (22 April 2023). Officers from all police area
May 3, 2023
Money laundering is the process of disguising the proceeds of illegal activity as legitimate funds. Anti-Money Laundering laws have been established to prevent this activity and to prosecute those who engage in it. In NSW, these laws have been strengthened
April 12, 2023
The Australian Institute of Criminology (AIC) recently released a report on the homicide rate in Australia for the year 2020-2021. The report includes data from State and Territory police forces. It reveals that there were 210 homicide incidents on record,
March 29, 2023