Tag: solicitor
  • Chris Nyst, Litigation, Sport

The Candyman Can

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.
  • Criminal Law, Technology

Trolls Beware

The Australian justice system has at last stomped decisively into the 21st century, striking out at online bullying and harassment. Following the first Commonwealth criminal prosecution of its kind last week, a young man entered a plea of guilty to a charge laid against him by AFP investigators in relation to a series of offensive comments he had posted online regarding a photo of a woman’s Tinder profile that one of his friends had posted on Facebook. It has been reported the man posted some 50 disparaging attacks on the photo, including rape threats and other derogatory and threatening comments. Following his plea of guilty, he was remanded to be sentenced later this year, and could face up to 3 years imprisonment.
  • Chris Nyst, International, Opinion, Property, Travel

The Winds Of Change

What goes around comes around, I guess. My wife and I spent this week visiting our youngest daughter at her home in Brooklyn, New York City, where we rubbed shoulders with the beautiful people on the borough’s trendy Bedford Avenue. How times have changed.
  • Chris Nyst, Opinion, Sport

Ali RIP

Over the weekend, a great hero passed away. Muhammad Ali was not just a giant of the sport of boxing, he was one of the most influential characters 20th century, one whose dynamic personality was an integral part of the winds of change that swept through the post-war period.
  • Chris Nyst, Opinion, Politics

American Pie

Something crazy is happening in America right now. Crazy, and eerily familiar. As the left and right of US politics fight their perennial good fight, waging familiar and well-worn party-political warfare on the hustings, the man in middle, the average American, lays awake nights worrying it’s all going down the toilet in a hurry, praying for a messiah who will lead him from the wilderness, but fearing he will never come, because no one is listening and no one really cares. Then, just when it’s least expected, along comes a maverick with a crazy hair-do and a ton of front, who steps up onto a soap box and smashes all the taboos keeping Average John awake at night, saying the things he would have said himself except everyone kept telling him that kind of stuff was way off limits and not to be spoken of in public.
  • Employment Law, Jonathan Nyst

Fair Enough

"That’s not fair.” My client’s assessment was spot-on, and more than a little ironic, given he was referring to the Fair Work Act. Like justice, fairness can be an elusive concept. I had just finished explaining to my client a few home truths about Fair Work claims. The former employee he had dismissed for incompetence and repeated failure to show up to work was seeking damages for wrongful dismissal. In my view there was absolutely no merit in the claim, and I was confident we would win in court. But the exercise would still be an expensive one for my client. Even if you win a Fair Work claim, the Act precludes reimbursement of a litigant’s costs unless they can show the other party acted vexatiously or unreasonably. Which means claimants often have everything to gain and nothing to lose, even if their claim fails.
  • Family Law, Migration

Introducing Gisele Reid – Family and Migration Law

Next Monday, when Nyst Legal officially re-opens its doors for 2016, we will have the pleasure of welcoming aboard an exciting new addition to our professional ranks. Gisele Reid is a promising young lawyer who will join us this year to practise in the fields of Family Law, Civil Litigation and Migration Law. Born and bred in Sao Paulo Brazil, she speaks fluent Portuguese and Spanish, and has extensive links to the expatriate Brazilian community on the Gold Coast. After coming here as a tourist in 2007, Gisele was so impressed with the Queensland lifestyle she decided to stay put, eventually enrolling in the Bachelor of Laws degree course at Bond University. Following her graduation from Bond in 2012, she practised extensively in Family Law with esteemed Family Law specialist, the late Mr Charles Cooper, and in 2016 she will join Nyst Legal to work primarily in our Family Law division. Meanwhile, she will also continue to service the business and other migration law needs of her clientele. We proudly welcome Gisele to the Nyst Legal line-up.
  • Brendan Nyst, Commercial Law, Dispute Resolution

A Fine Commercial Line – Franchising Agreements And Breach Of Contract

Last month the Nyst Legal commercial litigation team spent nearly two weeks in the Federal Court in Melbourne, flanked by a phalanx of QC's, arguing the toss about exactly how far businesses can and can't go in talking up their product to the customers of their commercial competitors.
  • Chris Nyst, Criminal Law, Human Rights, Opinion

A Very Big Call

I was surprised to read this week former Immigration Minister Philip Ruddock's comment that it is unlikely proposed anti-terror laws would see an Australian deported before their appeal is heard. Some years back a client of mine was deported to the UK by ministerial direction pursuant to section 501 of the Immigration Act. He had come to Australia with his family as a child, and was in his 20s when he was convicted of a criminal offence.