O'Brien Criminal and Civil Solicitors, Sydney

20/10/2026

The NSW Government has introduced a Bill that would change how complainants give evidence in sexual assault trials.

As proposed, it would:

- Allow a police interview recording to be a complainant’s evidence in chief, including for adults
- Trial “ground rules hearings” in some District Courts, where the judge sets directions on questioning before the complainant gives evidence
- Change the rules for accessing and considering counselling records

What would stay the same: cross-examination is not removed, the defence can still put the accused’s version of events, and the prosecution must still prove every element beyond reasonable doubt.

The aim is to spare complainants from repeating a painful account more than necessary.

For the defence, it would move more of the work earlier, so the police interview and a clear defence case matter even more.

A new NSW Bill would let police interviews become complainants' evidence and trial ground rules hearings. What changes, and what stays, if you're accused.

20/10/2026

Thank you to a recent client for this kind review for our top Criminal Solicitor, Wilson Tighe.

Facing a charge for the first time is always stressful. That's why clear advice and a steady hand through the process matter, and we are glad that came through.

20/10/2026

Being taken to a mental health unit against your will is one of the most serious things the law can do to a person. In NSW, the Mental Health Act sets strict rules for when it can happen.

When those rules aren’t followed, the detention may be unlawful. Some warning signs:

- The doctor who signed the certificate never saw you
- You didn’t appear to meet the legal test for involuntary detention
- Less restrictive options were available
- You were taken somewhere that wasn’t a declared mental health facility
- Nobody explained your rights
- You were held after the examining doctors decided you should be released

These are red flags, not a verdict. Whether a detention was lawful depends on the records, which is why it’s worth having a lawyer look at them.

If it was unlawful, you may be able to claim for false imprisonment. You don’t need to have been physically injured, and time limits apply, some as short as three years.

Wrongful mental health detention NSW: when scheduling under the Mental Health Act is unlawful and what you can claim.

19/10/2026

She walked into a private mental health hospital because she wanted help. Less than a week later, she stepped outside for a walk and was detained under the Mental Health Act.

Police found her at a nearby takeaway shop, where she had gone to use the bathroom and fill her water bottle. She was told she was being detained, in public. We allege the doctor who signed the scheduling certificate had not personally seen her during her stay.

She was then discharged, so she couldn’t return to the care she had sought in the first place.

Our civil team, led by senior associate Megan Kirk, sued the company that operated the hospital for false imprisonment. It consented to judgment in our client’s favour and agreed to pay $80,000 for compensation and legal costs.

If you or someone you care about was detained without proper legal authority, you may have a claim. The first chat is free, with no obligation.

Unlawful Mental Health Act detention: How a voluntary patient's claim ended in a win and compensation obtained against the hospital.

13/10/2026

MEDIA RELEASE

Tobias Moran was arrested in Perth in July 2022 and extradited to NSW to face a murder charge. In June 2023 the NSW ODPP withdrew it, after 10 days in custody and 10 months on strict bail. The court then ordered the State of NSW to pay his legal costs.

On 12 October 2026 OBS filed civil proceedings in the NSW District Court against NSW Police for malicious prosecution.

Our Special Counsel, Stewart O'Connell, is acting for Mr Moran. If you advise someone who was prosecuted and had the charges withdrawn or dismissed, our team is happy to take the call.

Media enquiries: if you would like more information on this matter, please contact our team at [email protected].

Full media release: https://obriensolicitors.com.au/tobias-moran-files-malicious-prosecution-against-nsw-police/

MEDIA RELEASE: Tobias Moran files Malicious Prosecution against NSW Police On 26 July 2022 Mr. Moran was arrested in Perth, WA and voluntarily extradited to NSW to face a charge of murder in relation to the death of his girlfriend, Simone Strobel, in Lismore in 2005. On 14 June 2023, after Mr. Moran...

09/10/2026

NSW Police had the wrong address but they forced the door of our client's home anyway while his two daughters were home alone.

Two sisters were asleep at home, alone, when officers forced their front door on a warrant for a different unit. We sued the State of NSW, and the claim settled without the State ever filing a defence.

If police have entered your home or held you without lawful authority, you may have a claim.

07/10/2026

A news story can be unflattering, and it can still not be defamatory.

On 22 September 2026, the Queensland Court of Appeal dismissed Robert McVicker's defamation appeal against the ABC. He argued an article about the collapse of Bestjet meant he was to blame because of poor and inefficient management.

The Court looked at what the article actually said, read as a whole. A story that raises a question is not the same as one that answers it against you.

Our latest article from Peter O'Brien covers:

• How courts decide what an article means
• Why precise pleading matters
• How an offer to make amends can end a claim
• What the NSW serious harm requirement and 28-day concerns notice process mean for you

If something published about you has damaged your reputation, the first step is understanding what it actually conveys. Our defamation lawyers can assess that for you.

The ABC won the McVicker defamation appeal. Why an unflattering story isn't always defamatory, and what to know before sending a concerns notice in NSW.

03/10/2026

An AVO and a parenting dispute are handled by two different courts. Many separated parents don't realise how much one can affect the other.

In NSW:

• AVOs are dealt with in the Local Court. Parenting orders are dealt with in the family law courts
• An AVO doesn't automatically stop a parent seeing their children, but family courts must take it into account
• The conditions on an AVO matter. If you need to arrange handovers or contact with your children, check what exceptions the order actually includes
• Agreeing to an AVO to "keep the peace" can have consequences in a parenting case later on
• Breaching an AVO is a criminal offence and can lead to imprisonment, even if the breach seems minor

Whether you are seeking protection or responding to an application, the order you are served and the order you sign can shape your parenting arrangements for years. Child safety comes first in every decision.

If you are dealing with an AVO and a parenting dispute at the same time, call us on (02) 9261 4281 for a free, no-obligation first consultation.

An AVO in a separation is a Local Court and a parenting problem. How it affects time with your children, consenting without admissions, and which order wins.

02/10/2026

Got a Working with Children Check refusal, cancellation or interim bar? The review route changed, and a lot of older advice online is out of date.

Since 23 September 2025, NCAT no longer reviews these decisions. Instead:

• After a risk assessment outcome, you can apply for internal review by the Children’s Guardian
• After an automatic disqualification, you can apply for a reassessment
• The usual deadline is 28 days, so the clock starts early
• Applying does not pause the decision, so you can’t do child-related work while it’s pending

A charge alone can also lead to an interim bar, so the criminal matter and the WWCC process need to be handled together.

Save this in case you or someone you know ever needs it.

Refused a Working with Children Check in NSW, or hit with an interim bar? NCAT appeals ended in September 2025. The review route that replaced it, explained.

30/09/2026

Work in security and just been charged?

Your licence can be suspended before you ever see a courtroom.

In NSW, the Commissioner of Police can suspend a security licence for up to 60 days, and extend it by another 60. No conviction is needed, and you don't get a hearing before it takes effect. While it's suspended, you can't work in security at all.

Three things to know straight away:

You have 28 days to apply in writing for an internal review. A phone call is not an application.

The suspension notice asks you to explain why your licence shouldn't be revoked. That written response is your chance to stop a temporary suspension becoming permanent.
The sentence in your criminal case can decide whether you keep your licence, so your lawyer needs to know about it from day one.

Our fact sheet covers the show cause process, how appeals to NCAT work, and how different court outcomes affect your licence.

Security licence suspended after a charge? How SLED decides, what to put in your show cause reply, the 28-day appeal deadline, and why your sentence matters.