Category: Jonathan Nyst
  • Criminal Law, Jonathan Nyst

Youthful Exuberance

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.
  • Criminal Law, Jonathan Nyst

Not Much Of A Bargain

Once upon a time, if you did the crime you did the time. If not, you walked. Nowadays, it can be somewhat more complicated. The practice of criminal law in Australia is increasingly embracing the time-honoured US model of down-and-dirty, pragmatic plea-bargaining deals between prosecution and defence, aimed at achieving a compromise acceptable to both parties. And in recent years Australian courts have tacitly encouraged that process by routinely offering discounted penalties to those who arrive at an early decision to plead guilty on mutually-agreed facts.
  • Criminal Law, Jonathan Nyst, Opinion

Secret X Files

This week Sky News aired the explosive documentary “Lawyer X: The Untold Story”, recounting the sorry tale of the now-notorious double-dealings of former Melbourne Barrister, Nicola Gobbo.
  • Human Rights, Jonathan Nyst, Politics

A Very Good Start

The late great Nelson Mandela served 27 years in prison for his opposition to the apartheid system of racial segregation in South Africa. When he was finally released from custody in 1990, he famously said "To deny a person their human rights is to challenge their very humanity."
  • Criminal Law, Jonathan Nyst, Sport

The Thin Blue Line

Everyone who’s ever punt-kicked a Sherrin has chimed in to have their say on the recent brew-ha-ha between the West Coast Eagles and the Fremantle Dockers. But the controversy may be set to spread far beyond Aussie rules football.
  • Business, Criminal Law, Domestic Violence, Family Law, Jonathan Nyst

Boom Business For Lawyers

A lot of criminal and family lawyers are these days complaining that a big chunk of their practice is now being spent dealing with civil protection order applications under Queensland's Domestic and Family Violence Protection Act. It seems a conspiracy of events and consequential political and policy considerations has created a booming new niche area in legal professional services, and the magistrates courts are run off their feet to keep up.In the wake of a series of shocking domestic attacks, in recent years the Queensland Police Service has clearly instructed its troops in the field that whenever there is any suggestion of violence between spouses, protection application proceedings are to be launched in the court, regardless of what denials may be proffered or what evidence may be revealed.
  • Human Rights, Jonathan Nyst, Opinion, Politics

The Great Dissenter

“I am the result of a loving upbringing in a peaceful country, with wonderful parents and siblings, a very long-term relationship, stability, support – but a feeling that life isn't always just and that there is injustice for people and we should do something about it.”
  • Criminal Law, Jonathan Nyst, Traffic Law

Taking A Backseat

In the old days good girls were told to stay out of the back seat of cars. But perhaps times have changed. Not so long ago I acted for a young female doctor who was charged with drink driving. Or, to be quite correct, she was charged with being in charge of a motor vehicle while over the prescribed alcohol limit. She and her boyfriend had driven her car to a friend’s party one night and, after a couple of champagnes, they responsibly decided to leave the car there, and take a taxi ride home.
  • Criminal Law, Jonathan Nyst

Dog Day Afternoon

Over the break I dropped in for a day of musical mayhem at the annual Falls Music & Arts Festival at Byron Bay. There was loads of good music on offer, plenty of deep-fried food, some cool pop-up bars and, as the advertising blurbs promised, "loads of other awesomeness.” I quickly noticed however that the fun-filled affair was not necessarily so awesome for all involved. As I arrived at the gates I witnessed the all-too-familiar sight of a shirtless festival raver, bailed up by police, with two sniffer dogs crawling all over his pants.
  • Criminal Law, Entertainment, Jonathan Nyst, Sport

Racy Behaviour

This weekend’s Castrol Gold Coast 600 is yet another reminder that some people just seem to be a whole lot happier when someone gets their gear off.
  • Employment Law, Jonathan Nyst

Fair Enough

"That’s not fair.” My client’s assessment was spot-on, and more than a little ironic, given he was referring to the Fair Work Act. Like justice, fairness can be an elusive concept. I had just finished explaining to my client a few home truths about Fair Work claims. The former employee he had dismissed for incompetence and repeated failure to show up to work was seeking damages for wrongful dismissal. In my view there was absolutely no merit in the claim, and I was confident we would win in court. But the exercise would still be an expensive one for my client. Even if you win a Fair Work claim, the Act precludes reimbursement of a litigant’s costs unless they can show the other party acted vexatiously or unreasonably. Which means claimants often have everything to gain and nothing to lose, even if their claim fails.