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‘Serious breach’: prosecutors face potential privilege probe [The Australian paywall]
A NSW parliamentary committee has called for prosecutors to be investigated for allegedly using privileged documents to intimidate a judge and have her removed from a criminal trial.
The state’s top prosecutor is facing a potential contempt of parliament probe amid an explosive row with a District Court judge.
Escalating legal feud ‘untenable’ [The Australian paywall]
Former NSW Bar Association president Arthur Moses says Australia risks exposure to the ‘cancer contaminating the US justice system’ if prosecutors dish out retribution against judges.
A SkyCity shareholder brought an application seeking to start a derivative action, where he would sue former executives and directors on behalf of the company.
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A how-to guide for barristers representing high-profile clients outlines tactics for obtaining suppression orders and seeking favourable treatment from police.
How Tom Silvagni used wealth to fight for secrecy … and why it’s good he lost - Justin Quilll (Thomson Geer) [The Australian paywall]
The Silvagni family’s 18-month fight to keep their son’s criminal case secret has exposed a shocking flaw in Victoria’s justice system.
Volume 48 Issues 2025 | UNSW Law Journal - UNSW Sydney - incl Volume 48 (Issue No. 4 - Dec 2025): Artificial Intelligence and the Law
CATCHWORDS - CRIMINAL LAW – Appeal – Conviction – Guilty plea to charge of conspiracy to traffick in commercial quantity of drug of dependence – Barrister registered as police informer – Barrister and police persuaded other client to give evidence against applicant – Breaches of barrister’s professional duties – Evidence of other client important to prosecution case against applicant – Integrity of plea impugned by non-disclosure of misconduct of barrister and police – Non-disclosure affecting assessment of strength of prosecution case – Issuable question of guilt – Crown concede substantial miscarriage of justice – Whether new trial should be ordered – Insufficient evidence to justify conviction on conspiracy to traffick charge – Applicant could not have been found guilty of ‘some other offence’ – Not in the interests of justice to order retrial – Leave to appeal granted – Appeal allowed – Conviction set aside – Acquitted.
Her Honour Judge Amy McGowan of the Federal Circuit and Family Court of Australia takes us through her compelling and diverse legal career, from her start as a solicitor and her impactful time in the not-for-profit sector, all the way to her significant role as a Senior Judicial Registrar before her appointment as a judge. She offers essential wisdom for legal professionals, emphasising the crucial role of ethical practice and the emotional resilience required to navigate the complex landscape of family law.
[60] The final issue is the Respondents’ application for suppression orders over certain parts of Ms Jones’ first affidavit and a sentence in the Respondent’s submissions. The material which is sought to be suppressed identifies the relevant factors that are used by Australia to decide whether or not to refer a person for consideration for removal to Nauru. Ms Jones in her first affidavit states:
these factors remain confidential as they are subject to ongoing negotiations with the Government of Nauru and disclosure would breach an agreement with Nauru that confidentiality would be maintained over the information; and
these factors are kept confidential for “operational security reasons” to ensure that implementation of the third country reception arrangement cannot be “gamed” or undermined by individuals with knowledge of the relevant factors.
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