Tag: Gold Coast
  • Chris Nyst, Criminal Law, Litigation, Technology

Sifting Through The Dross

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.
  • Criminal Law, Opinion

Doli Incapax – Youngest Offender Ever Charged With Murder

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, Criminal Law, International, Travel

A Foreign Land

The sentencing this week in China of three Australian employees of James Packer’s Crown Resorts brings into sharp focus the scary reality of globalisation.  Melbourne-based executive Jason O’Connor and China based staff members Jerry Xuan and Pan Dan all pleaded guilty last Monday to charges of illegally promoting gambling, and were ordered to serve between 9 and 10 months in a Chinese prison. Additionally, the Shanghai court imposed fines on the three Australians, along with 14 other Chinese Crown Resorts employees, totalling $1.67 million.
  • Chris Nyst, Commissions of Inquiry, Criminal Law, Politics

More Robust Times

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.
  • Criminal Law, Entertainment, Jonathan Nyst, Sport

Racy Behaviour

This weekend’s Castrol Gold Coast 600 is yet another reminder that some people just seem to be a whole lot happier when someone gets their gear off.
  • Criminal Law

Send In The Clowns

The circus is in town.  A crazy new phenomenon is sweeping across the US, Europe, and now even Australia. It trumps the Trump, it’s scarier than Ruddy’s run at the UN, and it’s so weird it even out-weirds planking, if that’s actually possible. Scary killer clowns have taken to lurking on our streets, hiding in the shadows and around corners, waiting to maniacally leap out and scare the living socks off us.
  • Chris Nyst, Entertainment, International, Privacy, Sport, Technology

Attack Of The Drones

With the currently almost endemic proliferation in Australian society of audio- and video-recording mobile phones, and the recent announcement by CASA of the relaxation of laws and regulations around the use of surveillance drones in Australian airspace, perhaps it’s time we all sat down to have a good hard rethink about some of our rules around privacy in this country.
  • Family Law, Pets

Bringing Up Baby

When couples are separating, and negotiating who gets what from the joint property pool, pets (most frequently dogs and cats) are often front and centre in the equation. Usually, the parties are able to negotiate an informal, mutually-acceptable agreement as to custody of their four-legged friends. But it’s not always the case. Sometimes formal orders or agreements are needed to lock down precisely who gets Poochie and on what terms. Dedicating court time to determining the custody of cats and dogs may be thought by some to be an inefficient use of valuable resources, but the fact is family pets often have a profound emotional value to their owners, and that just can’t be ignored.
  • Chris Nyst, Criminal Law, Hollywood, Opinion

Stool Pigeons & G Men

G men love stoolies. It’s a fact of life. Over the centuries, the one thing that has most frustrated the work of ‘government guys’ – the regulators of all shapes and sizes, the G men, the Jacks, the fuzz, the heat, the traps, the Johnny Hoppers, federalies, wallopers, flatfoots, boys in blue, whatever you want to call them – the one thing that has most frustrated their valiant efforts to rein in the miscreant criminal milieu has been the unshakeable conspiracy of silence that has long existed between partners in crime.
  • Brendan Nyst, Criminal Law, International, Opinion

Big Money Barneys

Big-time prize fighting has always walked hand in hand with big money litigation. It’s a world of feast and famine, full of tough guys and shrewd businessmen, all capable of being very heavy handed, each in their own way. The fast and the lucky rake in the big bucks while the rest are left to fight for the scraps. For more than 20 years the celebrated Don King was sued for allegedly short-changing nearly every one of his big name clients, from Joe Frazier to Mike Tyson, and even the late great Muhammad Ali. Some time ago our firm was involved in a client’s contract discussions with Don King Promotions about a scheduled heavyweight bout in Vegas. King’s approach to contract obligations was simple: ‘If you don’t like it, sue us. We’ve got more lawyers than you have.’
  • Chris Nyst, Criminal Law, Sport

NRL Match Fixing Investigation

Today’s news that six NRL stars will be interrogated over alleged match fixing, and face jail if they refuse to co-operate with investigators, brings into sharp focus a recurring issue for professional sports people. Having endured the debacle that was the recent ASADA doping investigation into the AFL and NRL, and more recently still match fixing allegations in the sport of basketball and the greyhound industry live baiting scandal, it is very clear to me that few sports administrators, and virtually no sports men and women, have any real appreciation of the concept and purpose of the right to silence, and the interplay between contractual and legislative obligation as it affects statements against interest.
  • Compliance Law, Privacy

The Do’s And Don’ts Of Telemarketing

In Australia we have some of the strictest telemarketing laws in the world and we need to. I’m sure everyone who reads this blog has received a telemarketing call at some stage or another from someone in India, the Philippines or even South Africa.