Nyst Legal Associate Jonathan Nyst was this week shortlisted as one of 10 finalists in the Criminal Law division of the national Lawyers Weekly 30 Under 30 Awards.
With COVID-19 directives flying thick and fast from both federal and state institutions, many of us may be getting a little confused about precisely what we can and can’t do, as a matter of law. Every day, someone asks my advice about the fine detail – "Can I drive in a car with my friend/spouse/lover/sister/workmate?", "Can I walk on the beach with a friend?", "Can I stroll in the park for fresh air?" – and it's not always easy to give a definitive answer. The reason is the day to day requirements at law are not set in stone but rather, like the crisis itself, they’re in a state of continual flux.
Brendan Nyst, Business, Commercial Law, Dispute Resolution, Wills and Estates
Biologist, historian and futurist H G Wells, author of the sci-fi classic The War of the Worlds - a tale of alien invasion and annihilation by pathogen - once famously wrote “Adapt or perish, is nature’s inexorable imperative.” It could be very good advice in today’s troubled times.
It's sometimes said that one man's loss is another man's profit, and that's evidently true, even in these strange and troubled times. Just ask all those previously-struggling toilet paper and face mask makers.
One curious example has even arisen in the criminal courts.
On 20 February 2020, the historical drama, “The Professor and the Madman”, starring Hollywood heavyweights, Sean Penn and Mel Gibson, was rolled out to Australian cinemas. It is loosely based on the 1998 book ‘The Surgeon of Crowthorne’ written by Simon Winchester, which revolved around the life and work of Professor James Murray, who compiled the first edition of the Oxford English Dictionary in the late 19th century.
For the past couple of months, I have been receiving messages and calls from concerned relatives and friends back home in Malaysia wanting to know whether I have been affected by the recent bushfires. Thankfully, like most Gold Coasters, I wasn’t physically confronted by the crisis, but of course we have all been touched by the devastating news of loss and destruction suffered by so many around us. It is awful to think the fires have claimed lives, destroyed homes, impacted at least a billion animals, and laid to waste more than 25 million acres of land.
Don’t you sometimes miss the good, old-fashioned Moral High Ground?
As a post-war baby, the world I was born into seemed a brave and righteous one. Our fathers had just fought and died to free us all from fascism and oppression. The world had paid a terrible price, but it was all worth it. In the end we won, and the Bad Guys lost.
Last week, a Queensland mother became the first person to be charged under the State’s new, expanded definition of murder laws, after allegedly leaving her two infant children to die in the blistering heat of her car, after falling asleep one Saturday afternoon.
School’s out! So hold onto your hats, folks, it's on again.
As thousands of school-leavers descend upon Surfers Paradise for the annual ritual of revelry that has become known as Schoolies Week, thousands more parents hold their collective breath in dread and anticipation. The institutional shackles have been broken and cast aside, leaving only the unbridled celebratory passion of youth.
About ten years before the birth of Christ the great Roman poet Publius Ovidius Naso, in his collection of epistolary poems known as The Heroides, coined the Latin phrase Exitus acta probat, which translates roughly to the often-quoted mantra ‘The end justifies the means’. It is a sentiment celebrated by the Italian Renaissance writer Niccolo Machiavelli in the 1500’s and enthusiastically embraced by a long list of authoritarian dictators throughout history. Thankfully, it has no place in the criminal justice system of any modern western democracy.
Over the next 24 months or so, the State government looks set to roll out various amendments to our traffic laws which will have a significant effect on penalties meted out to drink drivers on our roads. On 12 September this year, the Queensland Parliament assented to the Transport Legislation (Road Safety and Other Matters) Amendment Act 2019, which introduces substantial changes to a swathe of traffic regulation legislation. Amongst the more notable changes are provisions regarding the mandatory use of interlock devices for those convicted of any drink driving offence.
Chris Nyst, Criminal Law, International, Opinion, Politics
In February 1692, in a secluded village in the isolated British American colony of Massachusetts, 9-year-old Betty Parris and her 11-year-old cousin Abigail Williams, began to behave very strangely indeed. It seems they had recently taken to screaming, ranting and raving, throwing objects hither and thither, making weird noises, and generally behaving in a way the local reverend described as “beyond the power of epileptic fits or natural disease to effect.” When other young females in the same village started to exhibit similarly disturbing symptoms, the good folk of Salem quickly concluded there was witchcraft at work in their town, and decided it was time to take action.
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