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  • Brendan Nyst, Commercial Law, Dispute Resolution

A Fine Commercial Line – Franchising Agreements And Breach Of Contract

Last month the Nyst Legal commercial litigation team spent nearly two weeks in the Federal Court in Melbourne, flanked by a phalanx of QC's, arguing the toss about exactly how far businesses can and can't go in talking up their product to the customers of their commercial competitors.
  • Chris Nyst, Criminal Law

Policy or Politics?

Last week the Supreme Court ordered the Queensland Parole Board to pay convicted bank robber Brenden Abbott’s legal costs because it failed to make a timely decision on his parole application. The Board had sat on Abbott’s application for 389 days, unable to decide whether or not it should release the so-called ‘Postcard Bandit’. Why? What was the problem? The only answer I have is “It’s complicated.”
  • Chris Nyst, Hollywood, Litigation, Opinion, Politics

The Bloody Insult

Not everything's about money. One of my favourite Australian films of all time is Ken Hannan’s classic 1975 drama Sunday Too Far Away. It tells the tale of knock-about shearers working the sheds on an outback sheep station in 1955 Australia. Their tough existence is summed up in the title, paraphrasing what’s known as The Shearers Wife’s Lament – “Friday night too tired, Saturday night too drunk, Sunday too far away.” Jack Thompson plays Foley, a hard-drinking gun shearer who leads his workmates in a strike over their substandard working conditions. When their employer brings in non-union labour in a bid to break the strike, Foley and his mates dig in. It’s a great line, and a great way to end the film.
  • Chris Nyst, Criminal Law, Human Rights, Opinion

A Very Big Call

I was surprised to read this week former Immigration Minister Philip Ruddock's comment that it is unlikely proposed anti-terror laws would see an Australian deported before their appeal is heard. Some years back a client of mine was deported to the UK by ministerial direction pursuant to section 501 of the Immigration Act. He had come to Australia with his family as a child, and was in his 20s when he was convicted of a criminal offence.
  • Chris Nyst, International, Sport

The Rumble Of Turbulent Times

Well, the final figures are in, and it's official - the Manny Pacquiao-Floyd Mayweather Jr. prize-fight last month was the most lucrative bout in boxing history. It racked up a record 4.4 million pay-per-view buys, which produced more than $US400 million in TV revenue alone. Ticket sales of around $US72 million, international sales of $US35 million, closed-circuit broadcasts of $US13 million, $US12 million worth of sponsorships and another $US1 million in merchandise,  pushed up the overall take to well over $US500 million. Mayweather took home $US210 million and Pacquiao’s a relatively paltry $US142 million.
  • Property

Party Time – Regulating The Party House

Just when you thought it was safe to go back in the suburbs… Earlier this year, eight years after he made national headlines when the party he threw at his parents’ suburban home was overrun by hundreds of gatecrashers who responded to a MySpace invitation, Corey Worthington, now 23 and all grown up, has launched his latest business venture — an online party planning service, would you believe.
  • Chris Nyst, Entertainment

Vernon’s Music Award

Nyst Legal trainee lawyer Jonny Nyst, did the Gold Coast proud last night with a first-place gong at the Queensland Music Awards. Jonny’s band, The Vernons, have been making a name for themselves locally supporting big names like Wolfmother and The Rubens, and recently their single Shake ‘n’ Roll was picked up by US telco TMobile to back its national advertising campaign in North America.
  • Chris Nyst, Opinion, Politics

Ruffled Eagle Feathers

A clash of Queensland judicial personalities flared earlier this week, with the Courier Mail newspaper reporting on Wednesday a serious difference of opinion between retired District Court Chief Judge Patsy Wolfe and current President of the Court of Appeal Margaret McMurdo. When Judge Wolfe retired in September last year, Justice McMurdo gave a speech at an Australian Association of Women Judges luncheon, held in Judge Wolfe’s honour, in which she lamented what she perceived to be the deepening state of gender inequality on the Queensland bench. The following day Judge Wolfe reportedly wrote a private letter to the Newman government, distancing herself from Justice McMurdo's comments, and claiming no one at the luncheon agreed with her remarks.
  • Chris Nyst, International, Opinion

Vive l’humanité

As distressing as last week’s terrorist attacks in Paris proved to be, they were not the first, and certainly not the worst, acts of terrorism the French people have endured in living memory. During the German occupation of France in the early 1940s, Christian soldiers scoured the streets and homes of France arresting, gaoling, and murdering thousands of Jewish citizens. In that terrible time, the French people demonstrated their capacity to endure and overcome racism, terrorism, and inhumanity.
  • Chris Nyst, Criminal Law, Opinion, Technology

The Underbelly Issue

A couple of years back, at the International Criminal Law Congress, I delivered a paper on the effect of pre-trial publicity on jury trials. Victorian Supreme Court Justice Betty King, who presided over the trial of Melbourne underworld figure Carl Williams and others charged in the wake of the Melbourne gangland war, was on the same panel of speakers. Justice King famously banned the high-rating Underbelly television series from being aired in the state of Victoria during Williams’ trial because of the prejudicial effect it might have on the deliberations the jury. Naturally, the ban caused quite a stir and upset a lot of people, not least of all the producers at Channel 9. But in the end it probably had significantly less effect than Justice King had hoped it would. Despite the television ban, the first episode of Underbelly was available online, everywhere throughout the world wide web, within 20 minutes of it being aired on television in states outside Victoria.
  • Chris Nyst, Criminal Law, Politics

Ten Years On

10 years ago today, on 27 November 2004, the indigenous community of Palm Island erupted. The islanders had just heard read out at a public meeting the autopsy report into the death of the local man known posthumously simply as Mulrunji. He had been arrested a week earlier and taken to the Palm Island police lock-up, where he died a short while later following a scuffle with a Senior Sergeant of Police. A medical examination found he had sustained a cut above his right eye and four broken ribs, his portal vein was ruptured and his liver was split almost in two.
  • Brendan Nyst, Property

Supreme Court Rules Incentive Clawbacks Unenforceable

What goes up must come down, and vice versa. In a town that’s seen more than its share of booms and busts, landlords understand the concept all too well. In this town, when the cold winds of the economic winter blow, you cut your cloth to meet the market. If capturing a plum tenant means gifting them a rent-free period, or even shelling out for a fancy fit out, so be it. What you lose on the swing, you pick up on the merry-go-round. Or do you?

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