Cases

R v Rendell (1999, Unreported, NSWCCA)

In this matter Greg represented Mr Rendell in respect of his application to set aside his conviction for murder. The applicant had been convicted of murder and a subsequent enquiry had established that such conviction was unsafe and the Court of Criminal Appeal set aside that conviction.

Rendell v State of NSW & Ors (1999)

Greg Walsh successfully represented Mr Rendell in an action against the State of New South Wales for malicious prosecution arising from his wrongful conviction and sentence. Mr Rendell had served 10 years in prison.

JD v Director of Public Prosecutions (1999) NSWSC 878

In this matter Greg Walsh represented the plaintiff in an application to the Supreme Court seeking relief arising from a decision by a Magistrate that he had no power to award costs arising from the dismissal of charges at a committal hearing. The Magistrate had ruled that he was functus offico at the time that the application for costs was made. Hidden J held that this was not the case and that the Magistrate had the power to award costs.

Hannan v Commonwealth of Australia (1998)

Defence Force employee awarded $2.2 million as a result of a repelling accident.

DPP v Campbell (1998)

Greg Walsh appeared as Counsel when he represented the member for Kalgoorlie when he faced committal hearings in relation to a charge of dangerous driving occasioning actual bodily harm. Mr Campbell was discharged at committal.

Hunter v United States of America (1998)

Greg Walsh represented the appellant in respect of an application for review arising from an order for surrender upon extradition. Spender J upheld seventeen of the eighteen objections.

JD v Director-General of Department of Youth and Community Services & Ors (1998) NSWSC 353

In this matter Greg Walsh represented the appellant who sought a declaration that a Children’s Court Magistrate had denied the plaintiff natural justice by ruling that cross-examination of witnesses by the parties legal representatives be restricted to 30 minutes. Black AJ granted a declaration that the Magistrate denied the plaintiff procedural fairness by ruling that cross-examination be restricted.

JD v Director of Public Prosecutions & Ors (1998) NSWSC 352

In this matter Greg Walsh represented the plaintiff who sought orders that information alleging sexual assault against his daughter were an abuse of process. The matter raised important issues as to the circumstances in which a prosecution for sexual assault can be permanently stayed.

R v Barlow (1998-1999)

Represented the accused in complex sexual assault cases. Issues as to identification at preliminary hearing. The accused was discharged in respect of two complainants and committed for trial in respect of other complainant. The matter was heard before Latham DCJ.

Hancock v Bankstown Counsil & Anor (1997)

Represented an infant plaintiff in a civil action arising from a tragic accident in which the plaintiff’s penis was severed whilst sliding on an aluminium seat. The infant was awarded $350,000 damages .

BRS v The Queen (1997) HCA 47 (25 September 1997)

In this matter Greg Walsh represented the appellant in an appeal to the High Court of Australia. The appellant had been convicted of five counts of sexual assault whilst he was a teacher at a private school in Sydney. The Court of Criminal Appeal had dismissed his appeal against conviction. The appeal raised issues in respect of corroboration and character evidence and evidence of similar sexual conduct in relation to a witness and whether evidence was capable of amounting to corroboration and whether the failure by the trial judge to direct the jury as to permissible use of evidence amounted to a miscarriage of justice. The High Court by majority held that the trial judge had fallen into error in not providing directions as to these issues and the order of the New South Wales Court of Criminal Appeal was set aside and in lieu thereof the convictions were set aside and a new trial was ordered.

Woodham v Independant Commission Against Corruption (ICAC) (1997)

Represented Mr Woodham in a civil action in the Supreme Court heard by Grove J, whereupon findings made by Mr Temby, ICAC Commissioner, were overturned.