This week the High Court of Australia (HCA) handed down a favourable judgement in Stanley v DPP (Stanley). This is relevant for those looking to avoid full-time imprisonment (jail) and instead receive an intensive correction order (ICO). What is the difference
Early Career & Education
Awards & Media
Noteworthy Cases
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 lawyer with more than twenty-five years of experience in NSW and interstate.
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 the country. 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 Laws between 1990 and 1996.
– He was the President of the UTS SRC in 1994.
– Peter was also 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 dedicated two years to representing the most vulnerable in our society.
– His advocacy work continued at the Aboriginal Legal Service from 2000 to 2006.
– Acting solicitor for the Children’s Legal Service of NSW,
– He also worked for the Katherine Regional Aboriginal Legal Aid Service in the Northern Territory (2001-2005),
– Peter held a senior role at the NSW Legal Aid Commission (2006-2008); and
– He lectured within the Law Faculty at the University of Technology Sydney (2006-2013).
Continue reading for Peter and the firm’s achievements in case law and media appearances.
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 Human Rights Law Award in 2016.
- Peter was announced as Doyles ‘Recommended Lawyer’ in 2020.
- In 2023, The President of the Law Society NSW Cassandra Banks awarded Peter the prestigious Presidents Medal and praised Peter and the firm for their outstanding work in William Spedding’s case against the state. This case become a noteworthy precedent. During the President of The Law Society‘s speech, Peter was called an ‘Advocate for the Disadvantaged.’
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 iterviewed 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.
Noteworthy Cases
Peter O’Brien has grown the firm to 25 dedicated staff members. Under his leadership, the firm has become a beacon of hope for many seeking justice and legal representation.
Most of our 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 Royal Commissions.
– Represented multiple detainees in the Northern Territory Royal Commission, and subsequently being interviewed by Channel Nine’s 60 Minutes program about the case.
– Spoke at an SBS Forum on Juvenile Justice alongside Don Dale detainee, his client, Dylan Voller. Peter’s legal prowess was instrumental in this landmark defamation case in 2019. This case has since shaped the landscape of defamation law in Australia.
– Acted as the instructing solicitor in a false imprisonment case which created a new law in Australia.
– Co-authored a 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 during the questioning of Cardinal George Pell.
– Represented Bill 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.
Peter and Spedding’s counsel worked tirelessly on the case, and Spedding was awarded $1.8 million in damages.
– During the Spedding case, Peter appeared on various News channels to discuss the case; including Four Corners and Channel 9.
– In 2024, Peter and the firm provided pro bono legal assistance to Aboriginal people in the Northern Territory by way of secondments with the North Australian Aboriginal Justice Agency (NAAJA) in Alice Springs.
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, and professional achievements go above and beyond the industry standard.
Recent Articles by Peter O'Brien
Nick Kyrgios: A young man needing mental health care and assistance In this blog we examine Section 334 Applications under the Crimes Act 1900 (ACT) and Section 14 Applications under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020
October 10, 2022
How does Freedom of Information work at the Federal Level? The Federal Freedom of Information Act 1982 (‘FOI Act’) gives individuals the right to access information held by federal government agencies. This includes: personal information they hold about you information
October 7, 2022
The Mental Health Act 2007 (NSW) (the ‘Act’) deals with involuntary admissions. What is an involuntary admission? Involuntary admission involves a person going into to a mental health unit against their will. The Act sets out strict criteria that must
September 1, 2022
The Australian Labor Party was elected in May with one of its key policies to enact a federal corruption watchdog. Prime Minister Anthony Albanese promised to enact the legislation by the end of the year. However, the precise terms of
August 25, 2022
The Law On Recording Devices in NSW What are recording devices? In New South Wales, the Surveillance Devices Act 2007 (‘the SDA’) regulates the use of any recording devices. This includes the use, installation and maintenance of a listening device
August 20, 2022