The threat last week by One Nation Senator Malcolm Roberts to report Fairfax Media journalists to police for stalking, raises some interesting questions. Last Thursday the Senator’s senior media adviser, Sean Black, threatened to complain to police about what he called "continued pestering" and "harassment". His claims followed allegedly persistent emails from journalists seeking answers from Senator Roberts about renunciation of his UK citizenship, in the context of the broader dual nationality debate. Mr Black reportedly told Fairfax Media to "stop the harassment" and warned that further “pestering or harassment” would be referred to the Queensland Police Service for prosecution.
The Roman Catholic Cardinal George Pell has retained a brilliant USSR-born, Jewish lawyer to defend him. Melbourne-based barrister Robert Richter QC has been retained to defend the Cardinal on historical sex charges. Having worked often with Robert, I can tell you the Cardinal has an excellent man in his corner. But nonetheless, many experienced lawyers are privately wondering if he can possibly get a fair trial.
In the early hours of the morning following Australia Day last year, 26 year old Patrick Slater was found dead in a Perth railway station, a 25cm chest wound had penetrated his aorta and both lungs. Last week, in the WA Supreme Court, five young adults and one teenager were found guilty of his murder. But not all those allegedly involved in the incident actually went on trial. The youngest – just 11 years of age at the time – remains in legal limbo, awaiting his fate. At that tender age, he achieves the unenviable record of being the youngest person ever to be charged with murder in Australia.
Chris Nyst, Defamation, Dispute Resolution, International
Some court cases concern life and liberty, some are about money and manipulation, and others grubby politics and power. But in defamation cases everything’s at stake.
Our reputation and good name is our most valued asset, because when all is said and done it’s all we have. Youth is transient, beauty skin-deep, and material riches illusory. Our physical strength and allure inevitably wane and fade like yesterday’s flowers, and affluence and influence desert us like a fickle, fatuous friend.
Chris Nyst, Commissions of Inquiry, Criminal Law, Privacy
There’s a common misconception in some circles that only criminals, miscreants and ne’er-do-wells attract the attention of investigators like Federal and State police, corporate and other regulatory watchdogs, the tax man and the like. Most of us blithely go through life believing if we always try to act honestly and honourably there is no risk we will ever be targeted. Unfortunately, it’s just not true.
Commercial Law, Criminal Law, Defamation, Dispute Resolution, Employment Law, Family Law, Litigation, Traffic Law
Nyst Legal is recognised as one of Queensland’s leading criminal and regulatory law firms.Whilst we have been based on the Gold Coast for the past four decades we have always practised extensively in all Brisbane courts, as well as those in other metropolitan and regional centres throughout Queensland and New South Wales.
We have now established a presence in the Brisbane CBD at Level 27, Santos Place, 32 Turbot Street, Brisbane, to service and build on our Brisbane-based clientele, particularly in criminal and regulatory matters.
On June 28, 1963, the then-President of the United States of America, the late great John Fitzgerald Kennedy, addressed a joint session of the Oireachtas Eireann, the national parliament of Ireland, in Dublin. He spoke not only as the world’s most powerful political leader of his era, but as the proud descendant of an impoverished Irish emigrant family.
“Cannabis sativa is the greatest wonder-drug ever known to man.” The grizzled, weather-beaten face of the aging hippie who sat across the narrow interview desk from me, in the close, stifling confines of the remand prison interview room, was stretched into a wide-eyed look of wonderment. “The Hindu Vedas sang about its powers in the Atharva Veda 1500 years before the birth of Christ. The Hindus called it ‘the food of the gods.’”
I took a reassuring glance in the direction of the panic button on the wall. It was comfortably within my reach.
Chris Nyst, Commissions of Inquiry, Criminal Law, Politics
For many the recent retrospective by Brisbane’s Courier Mail newspaper, celebrating the 30 year anniversary of the game-changing Fitzgerald Commission of Inquiry into Police Corruption in Queensland, will have brought back memories of more robust times. Between 1987 and 1989 the inquiry, presided over by Tony Fitzgerald, then a razor-sharp and highly regarded Brisbane barrister, systematically uncovered and dismantled an entrenched culture of police corruption that led all the way to the top.
Over the break I dropped in for a day of musical mayhem at the annual Falls Music & Arts Festival at Byron Bay. There was loads of good music on offer, plenty of deep-fried food, some cool pop-up bars and, as the advertising blurbs promised, "loads of other awesomeness.” I quickly noticed however that the fun-filled affair was not necessarily so awesome for all involved. As I arrived at the gates I witnessed the all-too-familiar sight of a shirtless festival raver, bailed up by police, with two sniffer dogs crawling all over his pants.
Chris Nyst, Criminal Law, Dispute Resolution, Litigation, Opinion
Lawyers are well acquainted with the Reasonable Man. After all, he’s each and every one of us, although in truth none of us at all. He’s everyone and no one, the theoretical mean of human mores, the universal yardstick of all that’s fair and reasonable.
With Schoolies 2016 and the Christmas silly season soon upon us, licensed premises owners, staff and patrons will need to brush up on Queensland’s new liquor laws if they don't want to wind up on the wrong end of a hefty fine.
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