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Marbury Chambers' News
2013
Marbury Chambers have pledged in the Cockatoo Wingtag fundraising program and Members are looking forward to having a cocky named 'Marbury'. A number of Marbury Chambers' Members have been following the Cockatoo Wingtag project since its inception and wish the researchers the very best in their continuing research. Cockatoo Wingtags is a scientific project researching sulphur-crested cockatoos in urban Sydney. The Cockatoo Wingtags researchers have fitted numbered tags to the cockies to facilitate the monitoring of individual cockie’s behaviour. Amongst other things, the researchers aim to assess the size of the urban Sydney cocky population, site-loyalty and foraging distances. [24 April 2013]
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Margaret Bateman's client was charged with one count of possession of a prohibited weapon (knuckledusters), pursuant to subsection 7(1) of the Weapons Prohibition Act 1998 (NSW). Police failed to caution the Defendant prior to eliciting an admission about the ownership and use of the knuckledusters. The failure of Police to caution the Defendant proved fatal to Police in having the admission admitted into evidence (by operation of subsection 138(1) and section 139 of the Evidence Act 1995 (NSW)). Without the admission, Police had real difficulty proving possession by the Defendant; the knuckleduster having been located by Police in a common area of a residence (on the arm of a lounge chair in the lounge room of a home) [Filipetti principle - Filippetti v R (1978) 13 A Crim R 335]. The charge was dismissed. The Defendant was free to go. [24 April 2013]
Rob Nicol succeeded in persuading the Court to grant his Client the benefit of a section 10 (no conviction recorded) Order [of the Crimes (Sentencing Procedure) Act 1999 (NSW)] in respect of a charge of possess a small quantity of ecstasy on Mardi Gras night. The Defendant was particularly worried because he periodically travels to the United States for work and thus was very concerned not to have a conviction recorded. [5 April 2013]
Peter Lavac gave the CLE/CPD seminar 'The Legal System in Hong Kong - A Comparison' in Marbury Chambers' CLE/CPD programme. [5 April 2013]
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Marbury Chambers' CLE/CPD Programme is now on Meetup. [10 March 2013]
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After two days of evidence and a day of closing submissions, Peter Lavac succeeded, on behalf of his client, in having an Application for Apprehended Violence Orders dismissed. After lengthy cross-examination, Peter was successful in discrediting the claim by the Person, who was Allegedly in Need Of Protection, of a lengthy history of violence by the Defendant against that person. [1 March 2013]
Margaret Bateman gave the CLE/CPD seminar 'Use of 3 free IT applications in Legal Practice - FileZilla, Google Calendars & DropBox' in Marbury Chambers' CLE/CPD programme. [1 March 2013]
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Chris Nowlan advises one of the three defendants allegedly trying to take possession of 585 kilograms of the drug 'ice'. [28 February 2013]
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Juris Laucis persuaded Magistrate Longley at Burwood Local Court today to grant his client the benefit of section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), upon his client being sentenced in respect of a charge of negligent driving. [12 February 2013]
According to the Sydney Morning Herald, "Later this month, [Pat O'Shane] will sit the NSW Bar examination and has already held informal talks with friends who are based in 'various' chambers about potential openings.
"Which chambers, she will not say, but an article published by Fairfax Media last year [linked] her to Marbury Chambers on Castlereagh Street . . . " [11 February 2013]
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2012
It‘s raining section 10s (Court A, Court B, Court C). Jeff Clarke has been busy securing section 10 or section 10 equivalents in the Children‘s Court (under s 33 of the Children (Criminal Proceedings) Act 1987 (NSW)) including, most recently, in the Bidura Children‘s Court for money laundering (under section 193B of the Crimes Act 1900 (NSW)) and dealing with property that subsequently becomes an instrument of crime (under section 193D of the Crimes Act 1900 (NSW)) and a section 10 order of the Crimes (Sentencing Procedure) Act 1999 (NSW) in Campbelltown Local Court for an elderly gentleman who had some difficulties as a result of smashing his newly acquired motor home into other vehicles in the local car park. Jeff Clarke remarked that Magistrates respond well to carefully thought-out submissions and Magistrates understand that everyone deserves a second chance. Jeff and his colleagues at Marbury Chambers welcome enquiries, if you are concerned about your upcoming case. [July 2012]
Margaret Bateman recently appeared for a Defendant who is charged with driving offences that where laid subsequent to a motor vehicle collision, in which, the prosecution allege, grievous bodily harm was occasioned to a passenger. Margaret successfully objected, on the basis of hearsay, to the prosecution’s tender of a certificate which purported to certify, amongst other things, that a specified concentration of alcohol was present in a particular sample of blood – the certificate falling outside of the subsection 33(6) of the Road Transport (Safety and Traffic Management) Act 1999 (NSW) statutory admissibility provision - as the driving offence charges do not include a charge for a PCA offence (having a presence of a prescribed concentration of alcohol in the person’s breath or blood) pursuant to section 9 of the Road Transport (Safety and Traffic Management) Act 1999 (NSW). Prosecution and defence cases are now closed and the matter has been set down for final submissions. [May 2012]
2011
Margaret Bateman spoke on Police Powers and the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) — powers to search, arrest and detain at the Criminal Law Masterclass 2011 - NSW. [30 November 2011]
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Chris Nowlan managed to have a driver's penalty, for driving whilst disqualified, limited to a fine even though the driver has numerous convictions for driving without a licence. [4 October 2011]
Jonathon Taylor successfully negotiated the substitution of a dangerous driving causing death charge with negligent driving causing death and on sentence secured a non-custodial sentence; a section 9 bond. [4 October 2011]
Margaret Bateman acting for a person accused of concealing serious indictable offence; Pizza delivery driver allegedly held up with sword. [12 September 2011]
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Chris Nowlan acting for one of the alleged decoys; Pizza delivery driver allegedly held up with sword. [12 September 2011]
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Peter Lowe has acted in a money laundering case in which the jury were given 18 pages of complex, single spaced, legal directions, which were later reviewed by the High Court. ''It was a formidable task [for the jury],'' he said. [12 September 2011]
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Welcome Mr Ben Beukes; a new Member of Marbury Chambers. [8 September 2011]
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Margaret Bateman obtained orders in the Supreme Court of NSW that a Solicitor's former client provide security to the Solicitor for professional fees in the sum of $100,000 prior to the former client being provided with the Solicitor's file - rather than the Solicitor being required to enter into a tripartite agreement to secure the Solicitor's fees. [21 August 2011]
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Peter Lowe, who defended Allan Kessing, says federal authorities withheld a key document and instead provided the defence with a document that was "liable to mislead": The Australian (19 August 2011) [21 August 2011]
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Peter Lowe protected Pauline Hanson as to costs in the NSW Supreme Court. [18 June 2011]
Peter Lowe trying to protect Pauline Hanson from a costs order. [17 June 2011]
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Peter Lowe appearing for Pauline Hanson in the electoral fraud matter before the NSW Supreme Court. [11 June 2011]
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Peter Lavac, Barrister for the Defendant, the ABC1 documentary 'On Trial - Where the Truth Lies', screening at 8.30 pm on Thursday 9 June 2011.[6 June 2011]
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Margaret Bateman successfully defended a breach of AVO allegation made against her client in the Local Court of NSW at Campbelltown. [4 June 2011]
Peter Lavac appearing the ABC1 documentary 'On Trial'. [4 June 2011]
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Peter Lavac in the ABC1 documentary 'On Trial - Proof or Truth'. [4 June 2011]
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Peter Lavac representing the defence in the ABC1 documentary 'On Trial'. [4 June 2011]
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Peter Lowe appearing for Pauline Hanson who is challenging the March 26 NSW election count. [30 May 2011]
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Chris Nowlan secured acquittals in respect of two goods in custody charges. [20 May 2011]
Chris Nowlan secured acquittals for reckless wounding, assault occasioning actual bodily harm, larceny and malicious damage charges for his client at Parramatta Local Court. [19 May 2011]
Looking forward to seeing Peter Lavac in the ABC1 documentary 'On Trial'. [19 May 2011]
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Peter Lowe, Counsel for Pauline Hanson, in election challenge. [5 May 2011]
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Peter Lowe representing Pauline Hanson in her votes challenge. [5 May 2011]
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Peter Lowe - Canberra must introduce law compelling disclosure of evidence. [20 April 2011]
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Peter Lavac - back-to-back jury trial wins. [16 April 2011]
2010
Jonathon Taylor successfully negotiated the substitution of a dangerous driving causing death charge with negligent driving causing death and on sentence secured a non-custodial sentence; a section 9 bond. [17 December 2010]
Solicitors may brief a Barrister by contacting the Clerk of Chambers or by contacting the Barrister directly.
