Tag: gold coast family lawyer
  • Chris Nyst, International, Politics

Taking On The State

Experienced lawyers will tell you, you can’t really call yourself a litigator until you’ve won the unwinnable case, and lost the un-loseable. I’ve had more than my share of hopeless cases, with varying results, but here’s one even I wouldn’t like to take on.
  • Chris Nyst, International, Opinion, Politics

From Little Things

Last week ‘New York’s Finest’ were reaching for their Smartphones, posting happy snaps of panhandlers begging on Broadway and vagrants urinating in the streets. What the…?!
  • 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, 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.
  • Family Law

Dalliance Discounts – De Facto Provisions Of The Family Law Act

If you're thinking of sharing your bed with someone sometime soon, it might be best to stop and think about precisely what you may be signing up for. Since 1 March 2009 the Family Law Act has applied not only to married couples, but also to people living together in a de facto relationship. That means you don't have to be legally married to someone in order to become entitled to a share of their assets if and when the relationship breaks down. If a court interprets the union between two people to be in the nature of a de facto relationship, the property of both parties will be up for grabs when the final curtain falls. And that can sometimes lead to somewhat unexpected consequences.
  • 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.
  • Criminal Law, Domestic Violence, Family Law

A Call To All Good Men – Stop Domestic Violence

It’s high time for good men to stand up and do something about domestic violence. Last year domestic violence was the leading cause of death and injury in women under 45 in this country. It reportedly accounted for 40 per cent of police time, and cost the economy $13.6 billion. The Easter period alone marked the death of six women and children in a single week. This year, which is not yet two months old, we have already seen 14 Australian women allegedly killed by domestic violence. If that figure runs true, we are online for the shocking statistic of two domestic violence related deaths per week in 2015. That represents a 100% increase in such crimes since last year. It underscores what campaigners have long warned, that domestic violence is at risk of reaching epidemic proportions in Australia.
  • 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

Showtime

Talk about art imitating life imitating art imitating life. In the 2002 American action-comedy movie Showtime two odd-couple cops are ordered by the LA Police Department to pair up for a reality television police show. Hard-nosed veteran detective Mitch Preston (played in delightfully irascible fashion by the great Robert De Niro) is a distinctly unenthusiastic participant, but his new partner, brash and charismatic rookie Trey Sellars (Eddie Murphy), laps up the glamour and attention of his 15 minutes of fame, revelling in his new-found celluloid celebrity. Throughout the film the grisly Preston, who just wants to get his serious police work done, bemoans his flashy partner’s corner-cutting and grandstanding for the cameras, ignoring the all-important grunt work in favour of sexy TV stunts.
  • Brendan Nyst, Criminal Law, Human Rights, International, Opinion

Open Justice – Racial Inequality, Video Evidence And Probable Cause

Questions about racial inequality continue to simmer in the United States following last week's decision of a Staten Island Grand Jury not to indict Officer Daniel Pantaleo to stand trial for the killing of Eric Garner earlier this year. It's a decision which has even some of the country’s most staunchly conservative commentators, such as Fox News traditionalist Bill O’Reilly, scratching their heads in disbelief. Protesters in New York have taken up from where the citizens of Ferguson left off. But unlike the unsavoury shooting of Michael Brown in Missouri, which was shrouded in conflicting versions of events, the video evidence of Garner's death was there for all to see. The deceased's non-threatening behaviour was visible, his cries for help audible, and the excess use of force by the Officers, irrefutable. Upon examining the deceased's body, the coroner labelled Eric Garner's death a homicide, having regard to the fact that he died as a result of a violent attack.  The video clearly shows the officer applying a rear chokehold, a manoeuvre banned by the NYPD in 1993. The evidence was damning.  Or so we thought. On 3 December 2014, a Staten Island Grand Jury declined to indict the officer.
  • 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.