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Constitutional law

Lees v State of New South Wales

Mitchelmore J held that s 200(5) of LEPRA impermissibly burdened the implied freedom of political communication and was invalid.

  • Implied freedom of political communication
  • Move-on directions
  • Freedom of religion and places of worship
  • Proportionality
  • Statutory construction
  • Implied-freedom-of-political-communication
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Torts

Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales

Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales [2025] NSWDC 28

District Court decision on repeated police stop, search, and detention incidents involving LEPRA powers, consent, and damages claims by two plaintiffs.

  • False imprisonment
  • Assault and battery
  • Trespass to goods
  • Consent
  • Reasonable grounds for police searches
  • Lawful exercise of police powers
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Administrative law

Johnson v Commissioner of New South Wales Police

Johnson v Commissioner of New South Wales Police [2025] NSWSC 21

The Supreme Court of New South Wales held that a search warrant for a solicitor’s phone and all its data was invalid for lack of sufficient particularity, and ordered the phone returned.

  • Search warrant validity
  • Legal professional privilege
  • Judicial review of administrative action
  • Police search and seizure
  • Procedural requirements for warrants
  • Search-warrant-validity
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Torts

State of New South Wales v Cullen

State of New South Wales v Cullen [2024] NSWCA 310

The Court of Appeal upheld the State’s appeal in a police negligence and battery case arising from an Invasion Day rally, setting aside judgment for Ms Cullen.

  • Negligence
  • Public authorities
  • Battery
  • Breach of duty
  • Causation
  • Statutory interpretation
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Criminal law

R v Farrell

R v Farrell [2024] NSWDC 547

DNA evidence was excluded after the court found serious non-compliance with forensic procedure safeguards, including informed consent and interview-friend requirements.

  • Admissibility of forensic evidence
  • Informed consent
  • Legislative safeguards for vulnerable persons
  • Breach of statutory procedures
  • Balancing test for admissibility
  • Dna-evidence
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Torts

Hadid v State of New South Wales

Hadid v State of New South Wales [2023] NSWDC 446

The District Court held police acted lawfully and with reasonably necessary force during Hadid’s arrest, rejecting claims of unlawful imprisonment and battery.

  • Unlawful imprisonment
  • Battery
  • Use of force in arrest
  • Unlawful-imprisonment
  • Police-use-of-force
  • Arrest
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Criminal law

R v Malula

R v Malula [2023] NSWDC 283

The District Court excluded DNA evidence and an ERISP after finding the accused was mentally ill and incapable of giving informed consent to a forensic procedure.

  • Admissibility of dna evidence
  • Mental health and cognitive impairment
  • Improper forensic procedures
  • Voluntariness and reliability of admissions
  • Pre-trial exclusionary rulings
  • Dna-evidence
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Evidence

Roy v O'Neill

Roy v O'Neill [2020] HCA 45

The High Court held police were not trespassers when they approached the unit to check DVO compliance and Mr Johnson’s welfare, and dismissed the appeal.

  • Trespass
  • Admissibility of evidence
  • Common law implied licence
  • Domestic violence order
  • Police entry onto private property
  • Coercive powers
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Criminal law

R v DB; R v AP

R v DB; R v AP [2020] NSWDC 472

Appeals by two minors against findings of resisting and assaulting police are upheld after the court found their detention was unlawful and evidence should be excluded.

  • Arrest without warrant
  • Unlawful detention
  • Detention of intoxicated persons
  • Discretion to exclude evidence
  • Rights of children
  • Police-powers
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Constitutional law

Smethurst v Commissioner of Police

Smethurst v Commissioner of Police [2020] HCA 14

The High Court held a police search warrant invalid for insufficiently identifying the offence, making the search unlawful and trespassory.

  • Validity of search warrants
  • Implied freedom of political communication
  • Trespass
  • Injunctive relief
  • Certiorari
  • Seizure of property
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.