Welcome to June’s edition of Fighting for Justice! This month, we’re standing up for those battling the right to protest in NSW, communities grieving an Aboriginal death in custody, and much more.
At O’Brien Criminal & Civil Solicitors, we’re proud to lead that fight every day.
Right to Protest in NSW
Is the right to protest under threat in NSW? That question lies at the heart of a powerful legal challenge we’re fighting alongside our client Josh Lees and the Palestine Action Group (PAG).
Earlier this month, Lees stood on the steps of the NSW Supreme Court as our firm helped launch a constitutional challenge against controversial new protest laws passed by the Minns Government. These laws expand police powers to arrest or charge people for merely being “near” places of worship while protesting, even if there’s no actual obstruction or intimidation.
Our Principal Solicitor, Peter O’Brien, and top criminal lawyer Sidnie Sarang appeared in court to support Lees, stressing that this case isn’t just about one protester’s rights, it’s a fight for the democratic freedom of political communication for everyone in NSW.
This case remains a test of just how far governments can go in restricting the right to protest peaceful assembly.
🔗 Read more about Josh Lees’ legal fight here.
NSW Police Bail Checks: LECC Sides With Our Clients’ Fight
How far should police go to check someone’s bail? That question has become urgent following the Law Enforcement Conduct Commission (LECC)’s report that echoes concerns we’ve been raising for years.
The LECC has called on police to stop entering people’s homes without court orders for routine bail checks, a practice that’s been terrifying families and breaching basic privacy rights.
Our firm was front and centre in this fight, submitting a powerful case study to the LECC about our young Indigenous client.
At just 15, our client was on bail with a curfew. Yet police:
- Visited his home seven times in just over a month.
- Climbed locked gates and knocked loudly in the middle of the night.
- Shone torches on our client as he slept, sometimes unclothed.
- Returned even after the family formally revoked permission for officers to enter their property.
As our top Civil Solicitor, Megan Kirk, explained:
“The LECC report was very clear: police should not be entering homes for bail checks unless the court has ordered it. That’s what section 30 of the Bail Act is for.
The report confirms what we’ve argued all along, that these kinds of police actions lack clear legal backing and risk serious breaches of rights, especially when directed at young people or marginalised communities.”
🔗 Read our full article on NSW Police Bail Checks
🎓 Peter O’Brien’s Lessons for Future Lawyers at UTS Graduation Speech
At the recent UTS Law graduation ceremony, our Principal Solicitor, Peter O’Brien, offered a powerful answer, delivered straight from decades of hard-won experience.
Peter’s speech was anything but a standard graduation speech. Instead, he shared five personal lessons drawn from a career that’s seen him:
- Represent vulnerable children at Legal Aid.
- Fight injustice at the Aboriginal Legal Service.
- Get arrested and jailed in court while defending a 15-year-old client in the NT.
“The law can be unjust, and those who apply it can do so unjustly. It’s our job to combat that injustice.”
“The law can be all-consuming. Protect your mental health and your personal life.”
“Never stop learning”
– Even after decades in the profession, Peter insists there’s always more to discover.
🔗 Read highlights from Peter O’Brien’s UTS speech
⚖️ Aboriginal Death in Custody: A Call for Urgent Transparency
Another young life lost. Another family left waiting for answers.
Earlier this month, a 24-year-old Aboriginal man died in police custody in Alice Springs. He was allegedly mentally impaired and under a guardianship order when plain-clothes officers restrained him inside a supermarket.
Our Principal Solicitor Peter O’Brien has spoken out forcefully:
“Transparency is not optional in a democracy, especially when a young life is lost in state custody. Every day the footage is withheld compounds the family’s grief and fuels public distrust.”
We’ve produced a video commentary on this case, joining calls for immediate release of the footage and an honest accounting of how and why this young man died. This case is another devastating chapter in the ongoing crisis of Aboriginal deaths in custody, a crisis demanding real change, not more silence.
🔗 See more on the Alice Springs death in custody.
Need a lawyer for a right to protest in NSW?
Contact us today for a confidential consultation and take the first step towards resolution.
📞 Call (02) 9261 4281
💬 Or enquire online for a confidential consultation.
