Civil

Wilson v State of New South Wales (2003) NSWSC 805

In this matter Greg Walsh represented the plaintiff in civil proceedings being conducted in the Supreme Court of New South Wales. The issue that arose was whether the plaintiff’s legal representative could inspect the psychology file of former Detective Michael O’Donnell produced by the Commissioner of Police upon undertaking a note not to copy any part of it and not to disclose its contents to any person, including the plaintiff unless by further order of the Court. Bell J examined the relationship between Part 36 R13 of the Supreme Court Rules and Part 3.10 of the Evidence Act in granting the plaintiff’s legal representative access to the psychology file.

Zaravinos v State of NSW (NSWDC, Unreported, 10 September 2003)

In this matter Greg Walsh successfully represented the plaintiff in an action for wrongful arrest and false imprisonment.

Stanoevski v The Queen (2001) HCA 4

Greg Walsh represented a successful applicant in relation to leave to appeal to the High Court of Australia and appeal heard by the High Court of Australia on 5 September 2000. The case dealt with the issue of judicial discretion to allow cross-examination of an accused on alleged past misdeeds not directly related to facts and issues and whether the discretion to allow cross examination miscarried. The High Court unanimously held that the trial judge’s discretion had miscarried and quashed the conviction and ordered a new trial.

Chan v Minister for Justice and Customs (2001) FCA 170

In this matter Greg Walsh represented the applicant in respect of an interlocutory application seeking the stay of a s.23 surrender warrant pending the finalisation of the proceedings. The basis of the application, inter alia, was that the Applicant was HIV positive and had been in detention pursuant to a warrant issued under s.19 of the Extradition Act since about June 2000. Mr Chan had been HIV positive for about 13 years and medical evidence was to the effect that his health was very precarious and that his life expectancy would be severely compromised. Stone J granted the application and ordered a stay and released Mr Chan from custody pending finalisation of the proceedings.

Chan v Minister for Justice and Customs (2001) FCA 718

In this matter Greg Walsh represented the applicant seeking a review of the determination of the Minister for Justice’s decision under s22 of the Extradition Act that Mr Chan was to be surrendered to Hong Kong authorities. It was argued that the Ministers decision was an improper exercise of the power conferred by s22(2) of the Act in that the Minister failed to take into account relevant considerations. Those considerations were:

The increased significance of the Applicant for extradition, trial, and if convicted, a sentence ranging from 3.5 to 5 years given that he is HIV positive and has a life expectancy estimated at only 15 years; and;

Expert forensic documenting examination evidence, concluding that the signatures were allegedly forged by the Applicant, being the basis of the forgery charges giving rise to the extradition request may well be genuine.

Stone J dismissed the application and held, that in effect, the Minister for Justice had not failed to take into account material consideration.

son & Anor v State of NSW (2001) NSWSC 869

In this matter, Greg Walsh acted for the plaintiffs in an action against the State of New South Wales alleging negligence and breach of duty of care. The case raised issues involving welfare of children, claims of nervous distress, psychiatric injury, personal and financial loss as a result of the allegations, responsibilitie4s of the Director-General and departmental officers, allegations of negligence against the Director-General and departmental officers investigating, reporting and acting in allegations – with a duty owed to parents and grandparents by the Director-General and Departmental officers in investigating, reporting and acting on allegations of child abuse.

Wilson & Anor v State of NSW (2001) NSWSC 1165

Greg Walsh acted for the plaintiffs in this action and successfully sought amendments to the pleadings in relation to an act of malicious prosecution and abuse of process generally.

Kingshott v Draper

Represented a successful plaintiff in a civil action arising from the death of their elderly mother in a motor vehicle accident.

Hartnett & Ors v State of NSW (2000)

Greg Walsh represented 68 plaintiffs in a successful action against the State of New South Wales arising from their unlawful detention and imprisonment arising from raids conducted by Officers of the Department of Community Services and New South Wales Police. The individual plaintiffs were successful in obtaining verdicts against the defendants.

Provost v John Fairfax Pty Ltd (1999)

Represented the plaintiff in civil proceedings for defamation in the Supreme Court of New South Wales and obtained an award of damages for the plaintiff.

Woodham v Nationwide News & Anor (1999)

Represented Mr Woodham in a civil action for defamation arising from publication in The Australian newspaper. The jury entered a verdict as to findings in favour of the plaintiff.

Bell v Read (1999)

Represented on a pro bono basis an Aboriginal plaintiff in a Civil Action with respect to professional negligence at Wagga Wagga.