Society's more forgettable characters sometimes prove to be life's most memorable ones.
About twenty years ago I appeared for a hapless heroin addict called to give evidence at an investigative hearing which required him to be cross-examined by a very experienced and capable Queen’s Counsel.
Chris Nyst, Commissions of Inquiry, Criminal Law, Politics
Without doubt, self-preservation is the most powerful and compelling of all human instincts. The will to survive - physically, emotionally, financially – is acute and compelling, inextricably ingrained in our human condition.
Chris Nyst, Criminal Law, Entertainment, Technology
Way back in 1968, Andrew Warhola, better known as the iconic American artist, director and film producer Andy Warhol, the celebrated pinup boy of the uber-cool 1960s visual art movement known as Pop Art, made what was to prove a profoundly prophetic statement. "In the future," Warhol proclaimed, "Everyone will be world-famous for 15 minutes."
This week I learned some stuff about intoxicated people. Given the popular national penchant for a cold beer on a hot day, perhaps it’s unsurprising that it happened on a trip to the sweltering tropics.
The whole saga started more than a year ago when the Liquor and Gaming regulators decided to raid a Far North Queensland pub to make sure everyone up there was conducting themselves with all appropriate decorum and discretion. As it turned out, they concluded to their shock and horror that they weren’t.
When I first started doing trial work as a young lawyer I was constantly surprised and intrigued by the persistent inconsistency between different eyewitness accounts of the exact same incident. Particularly when dealing with a violent or otherwise shocking event, such as a car crash or a brutal street brawl, no two witnesses seemed to remember the same event in the same way. For a defence lawyer it was the welcome stuff of reasonable doubt, but I soon learned it was also just a fact of life. When people are confronted by emergent and traumatic circumstances, their brains can only take in so much detail, and the fact two witnesses remember one event in completely different ways doesn't necessarily mean either one is telling fibs. Quite the contrary.
The weather’s already started to heat up, and summer’s on its way. Woo-hoo! That means cocktails, beers and BBQ’s by the pool, long days at the beach and a bunch of other mindless summer merriment.
And speaking of mindless, it also means the start of a whole new round of summer music festivals.
Marriage breakdown can be tough. Even when separating parties are more than pleased to wave their erstwhile better half goodbye, they are still faced not only with the job of carving up their previously-joint property, but also the jolt of severing their attachment to the physical accoutrements of the relationship. Where children are involved, of course the stress goes up exponentially, as the children’s physical and emotional needs, and the disruptive impact of the separation on their daily lives, become the paramount consideration.
“I am the result of a loving upbringing in a peaceful country, with wonderful parents and siblings, a very long-term relationship, stability, support – but a feeling that life isn't always just and that there is injustice for people and we should do something about it.”
There is no more powerful human narrative than the story of redemption, the assurance that no matter what evil we have done we can atone, strive to be better and ultimately find forgiveness. Not everyone believes in true redemption. But, like the good preacher, a good lawyer has to believe we all can hope to one day be delivered from our sins.
As a longtime lover of the ‘Sweet Science’, I felt a secret sense of satisfaction in watching the measured way in which Floyd “Money" Mayweather defeated the game and garrulous UFC world champion Conor McGregor on the weekend, with an emphatic TKO in the 10th round of their scheduled 12-round bout in Las Vegas Nevada.
Chris Nyst, Commissions of Inquiry, Criminal Law, Litigation, Politics
In a time of increasingly vigorous criticism of some of our court processes, many were taken aback when Victoria’s Supreme Court recently hit back at its detractors, carpeting three politicians, a journalist and a newspaper editor, over public statements criticising the sentencing of terror offenders. A couple of months ago three ministers of the Turnbull government, – Greg Hunt, Alan Tudge and Michael Sukkar – publicly slammed Victorian judges for what they characterised as inappropriate leniency and “ideological experiments” in sentencing terrorists, Mr Sukkar asserting the judges’ approach “has eroded any trust that remained in our legal system.”
The thrill of the punt is not for everyone. It can be a tough game. To the victor goes the spoils, but to the rest only heartache.
Litigation, like any gamble, needs a strong heart and deep pockets, and should always be proceeded by a careful cost/benefit calculation. Because not even the house, with all the odds stacked firmly in its favour, will always come up trumps.
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