Category: Litigation

By all accounts the recently deceased was a pretty cranky old dude. Even his life-long best friend, my client, the sole beneficiary and executor of the old guy’s last will and testament, had to acknowledge that fact. But then, even by his own admission, they both were. They were cut from the same cloth, no-nonsense old-school Aussie battlers, raised on Struggle Street. Hard men of a by-gone era with little time for tears or new age sensibilities, who had grown into lonely, curmudgeonly old codgers. But they were two grumpy old men who happily endured each other’s inhospitable habits. So it’s probably unsurprising that, years earlier, when the old guy’s family had finally had enough of his gruff, uncompromising ways, he was left only with his old mate from the old days for solace and support. It was a two-way street. Neither had made much time for friendships or relationships; they were too busy just getting on with life.
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.
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.
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.
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.
A recent decision handed down in the Brisbane Magistrates Court could have far reaching effects for building contractors and subcontractors throughout Queensland.
Our perhaps most flamboyant and controversial client, the Gold Coast’s own Candyman, tobacco franchising supremo Mr Travers Beynon, had a win this week in the Supreme Court when Justice James Douglas froze $250,000 in sponsorship funds paid by his company Freechoice Australia to the Lucas Dumbrell V8 racing team, ahead of this weekend’s Townsville 400. As well, Justice Douglas ordered the Dumbrell team to remove the Candyman’s decals from its cars and account for all of their assets ahead of a major damages action launched by Freechoice, to be heard later this year.
The hottest of hot topics in this state for the past couple of weeks has been the government’s push to implement stricter lockout laws, and tighten the rules around sales and service of alcohol. Premier Palaszczuk has made clear her willingness to die in the ditch over the issue, and without doubt her declared motives for so doing are admirable. She’s determined to reduce the instance of alcohol-fuelled violence on our streets, and who could argue against that?
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.