Brick By Brick

– Originally published by Ocean Road Magazine edition #45, Summer 2022.

On the morning of Sunday, 13 August 1961, the citizens of the German capital, Berlin, awoke to an unfamiliar flurry of activity on their streets. During the night before, at the witching hour of midnight, under the orders of the East German Communist Party leader Walter Ulbrict, police and military units had begun sealing off the border between the Soviet-controlled east of the city and the west. By daylight, they had torn up the streets along the border, rendering them unusable, and lined them with barbed wire entanglements and fences that would ultimately stretch all along the 156 kilometres surrounding the three western sectors of the city.

Jonathan Nyst Shortlisted For Law Award

As the proud father, and principal of Nyst Legal, I am extremely chuffed to be able to announce that this week, for the second year in succession, my youngest son, and Nyst Legal Senior Associate, Jonathan Nyst, has been shortlisted as one of the finalists in the Criminal Law division of the national Lawyers Weekly 30 Under 30 Awards.

Heroes and Villains

Some years ago I attended a breakfast at the Sheraton Hotel on the Gold Coast, at which the then highly-respected – and now much-maligned – Victoria Cross recipient, Ben Roberts-Smith, was the featured guest speaker. In his riveting address, Mr Roberts-Smith enthralled his audience with a detailed account of his service with the Australian Defence Force in Afghanistan, including the extraordinary events that saw him bestowed Australia’s highest award for valour and devotion to duty in the theatre of war. As anyone who has heard the war hero’s harrowing tale of combat and courage under fire could tell you, it’s a hell of a yarn. And boy, did he tell it well.

Cat-O-Strophic Technology

The effects of the COVID-19 pandemic have been vast, not least of all in the development of digital communication all around the globe. It is now the norm for enterprises large and small to go online, working from home, holding meetings virtually by Skype, or Zoom, or TeamViewer, and rarely, if ever, speaking with their colleagues face to face. It’s easier, cheaper, and far more convenient, and business leaders everywhere have heralded the virtual communication revolution as the brave new world.

Breaking The Internet

On 25 February 2021, the Federal Senate passed the Treasury Laws Amendment (News Media and Digital Platforms Media Bargaining Code) Bill 2021, (“the Code”), a controversial new law requiring certain digital platforms to pay a negotiated fee to eligible Australian news media businesses for the use of their digital content. Whilst many have praised the Code for standing up to omnipotent tech companies in the noble pursuit of fair market practices, others, including the tech companies themselves, have accused Australia of trying to break the internet.

Hard Cases

The familiar legal adage “Hard cases make bad law” dates back at least as far as the early 1800s. It points to the danger of reacting to an extreme case by making a general, harsh and inflexible law to cover all cases. Wisdom dictates, the adage suggests, that laws are better drafted to target the average – and therefore more common – cases, rather than the extreme ones.

A Matter Of Privilege

Confidential communications between lawyers and their clients are sacrosanct. They are subject to legal professional privilege, which means they cannot be disclosed by anyone – including the lawyer – to anyone else – including the government, the courts, the police, or anyone at all – without the client’s express authorisation. That principle has been around for about 500 years, and remains a fundamental tenant of our legal system. But it has, at times, been sorely tested.

The Lucky Country

This week, as we paused to remember, on the 102nd Remembrance Day, those who fell in foreign fields to defend and preserve our liberties, hopefully we also reflected on a great deal more.

Send In The Clowns

The circus is in town.  A crazy new phenomenon is sweeping across the US, Europe, and now even Australia. It trumps the Trump, it’s scarier than Ruddy’s run at the UN, and it’s so weird it even out-weirds planking, if that’s actually possible. Scary killer clowns have taken to lurking on our streets, hiding in the shadows and around corners, waiting to maniacally leap out and scare the living socks off us.

Attack Of The Drones

With the currently almost endemic proliferation in Australian society of audio- and video-recording mobile phones, and the recent announcement by CASA of the relaxation of laws and regulations around the use of surveillance drones in Australian airspace, perhaps it’s time we all sat down to have a good hard rethink about some of our rules around privacy in this country.

Bringing Up Baby

When couples are separating, and negotiating who gets what from the joint property pool, pets (most frequently dogs and cats) are often front and centre in the equation. Usually, the parties are able to negotiate an informal, mutually-acceptable agreement as to custody of their four-legged friends. But it’s not always the case. Sometimes formal orders or agreements are needed to lock down precisely who gets Poochie and on what terms. Dedicating court time to determining the custody of cats and dogs may be thought by some to be an inefficient use of valuable resources, but the fact is family pets often have a profound emotional value to their owners, and that just can’t be ignored.