Tag: nyst legal
  • Criminal Law, Privacy

Privacy R.I.P.

Are police watching your Facebook, looking at your private health records, banking details, and email addresses? Are they modifying or copying your data and posts without your knowledge, or forcing you to hack others on their behalf? If they didn't have the power to before, they do now.
  • Criminal Law, Human Rights, Jonathan Nyst

Is The Best Defence Really A Good Tay-Tay Song?

In this day and age, virtually everyone has high quality audio-visual recording equipment right at their fingertips. Our ever-ready mobile phone can record and disseminate information worldwide with the click of one or two buttons. So it's perhaps no wonder so many get a little bit click-happy nowadays when they find themselves in the presence of the Thin Blue Line.
  • Nicola Ellis, Property, Wills and Estates

The Fine Detail

As anyone can tell you, the property market is going absolutely gangbusters right now. So much so that a bidder at an auction in Sydney’s south last Saturday accidently bid against herself just as she was about to be declared the new owner of the property for sale at the hotly-contested auction. The final price was $1.62 million, with her previous bid being $1.619 million. The underbidder’s last offer was $1.618 million.
  • Announcements, Chris Nyst, Criminal Law, Jonathan Nyst

Jonathan Nyst Shortlisted For Law Award

As the proud father, and principal of Nyst Legal, I am extremely chuffed to be able to announce that this week, for the second year in succession, my youngest son, and Nyst Legal Senior Associate, Jonathan Nyst, has been shortlisted as one of the finalists in the Criminal Law division of the national Lawyers Weekly 30 Under 30 Awards.
  • Brendan Nyst, Defamation, Litigation

Heroes and Villains

Some years ago I attended a breakfast at the Sheraton Hotel on the Gold Coast, at which the then highly-respected - and now much-maligned - Victoria Cross recipient, Ben Roberts-Smith, was the featured guest speaker. In his riveting address, Mr Roberts-Smith enthralled his audience with a detailed account of his service with the Australian Defence Force in Afghanistan, including the extraordinary events that saw him bestowed Australia’s highest award for valour and devotion to duty in the theatre of war. As anyone who has heard the war hero’s harrowing tale of combat and courage under fire could tell you, it’s a hell of a yarn. And boy, did he tell it well.
  • Privacy

A Matter Of Privilege

Confidential communications between lawyers and their clients are sacrosanct. They are subject to legal professional privilege, which means they cannot be disclosed by anyone – including the lawyer – to anyone else - including the government, the courts, the police, or anyone at all - without the client’s express authorisation. That principle has been around for about 500 years, and remains a fundamental tenant of our legal system. But it has, at times, been sorely tested.
  • Alex Somers, Privacy

The Social Dilemma

The latest Netflix documentary, The Social Dilemma, serves up a thought-provoking critique of the unethical and largely unregulated tactics employed by social media platforms, namely surveillance capitalism and data mining, in order to exploit users for commercial benefit. The doco’s director, Jeff Orlowski, seeks to draw a causal link between the rise of these tactics in the 2010’s and broader social, political and economic concerns such as mental health issues, the spread of misinformation/conspiracy theories, and election tampering.
  • Chris Nyst, Criminal Law, Jonathan Nyst

Shortlisted For Criminal Law Gong

Nyst Legal Associate Jonathan Nyst was this week shortlisted as one of 10 finalists in the Criminal Law division of the national Lawyers Weekly 30 Under 30 Awards.
  • Chris Nyst, Opinion, Politics, Privacy

A Right To Know

Don’t you sometimes miss the good, old-fashioned Moral High Ground? As a post-war baby, the world I was born into seemed a brave and righteous one. Our fathers had just fought and died to free us all from fascism and oppression. The world had paid a terrible price, but it was all worth it.  In the end we won, and the Bad Guys lost.
  • Chris Nyst, Criminal Law, Opinion

The Means To The End

About ten years before the birth of Christ the great Roman poet Publius Ovidius Naso, in his collection of epistolary poems known as The Heroides, coined the Latin phrase Exitus acta probat, which translates roughly to the often-quoted mantra ‘The end justifies the means’. It is a sentiment celebrated by the Italian Renaissance writer Niccolo Machiavelli in the 1500’s and enthusiastically embraced by a long list of authoritarian dictators throughout history. Thankfully, it has no place in the criminal justice system of any modern western democracy.
  • Criminal Law, Jonathan Nyst

Not Much Of A Bargain

Once upon a time, if you did the crime you did the time. If not, you walked. Nowadays, it can be somewhat more complicated. The practice of criminal law in Australia is increasingly embracing the time-honoured US model of down-and-dirty, pragmatic plea-bargaining deals between prosecution and defence, aimed at achieving a compromise acceptable to both parties. And in recent years Australian courts have tacitly encouraged that process by routinely offering discounted penalties to those who arrive at an early decision to plead guilty on mutually-agreed facts.
  • Criminal Law

Predictive Policing

Robot judges in Estonia? American AI sentencing criminals to prison? Computers predicting crimes before they even happen? One may be forgiven for thinking such concepts come straight from a science fiction novel, or the rabid rantings of an online conspiracy theorist. The truth is they are all part of today’s reality. And it looks like it’s only a matter of time before concepts like predictive policing and artificial intelligence will be an everyday feature of justice systems worldwide.