Track Record
Case History
A representative selection of matters across criminal, civil, compensation, disciplinary,
and family law — from Local Court to the High Court of Australia.
Legal Services Commissioner v Musgrave (2000) NNSWADT 124; Law Society of NSW v Musgrave (2000) NSWADT 125
When the proceedings taken by the Legal Services Commissioner came before the Tribunal for hearing on 26 October 1998, Mr Musgrave did not appear. The Tribunal noted that the practitioner had ‘disappeared’ from his place of residence at Coffs Harbour two days before 26 October 1998 and that the Tribunal had found in other proceedings (taken by the Law Society) against the legal practitioner that in the period of his disappearance from 24 October 1998 to 5 November 1998, he was suffering from a dissociative fugue and was not responsible for his actions in impersonating another Solicitor. The Tribunal however in making its findings of professional misconduct in respect of complaints bought to the Tribunal by the Legal Services Commissioner, did not accept the solicitor’s conduct in respect of which those findings were made was affected by or explained by mental illness. The Tribunal said at (24) it was “satisfied that on the balance of probabilities, the Solicitor did suffer a dissociative fugue in October, 1998, from the time of his disappearance until sometime about the time of his return to Coffs Harbour on 5 November 1998. This was an episode of illness of short duration.” The Tribunal was satisfied
Hartnett & Ors v State of NSW (2000)
Greg Walsh represented 68 plaintiffs in a successful action against the State of New South Wales arising from their unlawful detention and imprisonment arising from raids conducted by Officers of the Department of Community Services and New South Wales Police. The individual plaintiffs were successful in obtaining verdicts against the defendants.
Rapson v Wright & Ors (1999) (Unreported)
In this matter Greg Walsh represented Dr Rapson and his wife in respect of an action for a permanent stay of proceedings arising from the charging of Dr Rapson and his wife in respect of an incident in respect of a dressage horse, such charges having been initiated by a police officer and others alleging that they had ill-treated the dressage horse just prior to it having completed in a dressage event at Sutherland. Hamilton J found for the plaintiff and declared that the charges and the criminal proceedings were an abuse of process and stayed the proceedings. Greg Walsh also represented plaintiffs in respect of obtaining orders for prohibition arising from a Magistrate’s refusal to disqualify himself for bias.
Rapson v Wright (1999) NSWSC 566
In this matter Greg Walsh represented the successful plaintiff’s in respect of a variation order made by Hamilton J permanently staying the proceedings so as to enable the proceedings in the Local Court to be withdrawn and dismissed. Such an application arose from a refusal on the part of the Magistrate at Sutherland to in fact dismiss the criminal charges in respect of the plaintiffs.
Provost v John Fairfax Pty Ltd (1999)
Represented the plaintiff in civil proceedings for defamation in the Supreme Court of New South Wales and obtained an award of damages for the plaintiff.
Woodham v Nationwide News & Anor (1999)
Represented Mr Woodham in a civil action for defamation arising from publication in The Australian newspaper. The jury entered a verdict as to findings in favour of the plaintiff.
Bell v Read (1999)
Represented on a pro bono basis an Aboriginal plaintiff in a Civil Action with respect to professional negligence at Wagga Wagga.
Rapson v Wright & Anor (1999, Unreported, NSWDC)
In this matter Greg Walsh represented the plaintiffs, Dr Rapson and his wife, in a civil action in respect of malicious prosecution. The plaintiff’s were successful and verdict was entered in their favour, each receiving $100,000.
Farrell v Star City Casino (1999)
Represented the plaintiff in a successful civil action for assault and false imprisonment arising from the conduct of a bouncer at Star City Casino in Sydney.
Pelechowski v Registrar of Court of Criminal Appeal [1999] HCA 19
In this matter Greg Walsh represented Mr Pelechowski arising from his conviction and sentence for contempt by the New South Wales Court of Criminal Appeal. Mr Walsh appeared on a pro bono basis and obtained bail from Gummow J in the High Court of Australia. Mr Walsh also appeared in the successful appeal which raised important issues as to the power of the District Court Judge to make a Mareeba Order. The High Court held that that judge did not have the power to make the order that gave rise to the contempt proceedings in the Court of Appeal.
JD v Director of Public Prosecutions (1999) NSWSC 878
In this matter Greg Walsh represented the plaintiff in an application to the Supreme Court seeking relief arising from a decision by a Magistrate that he had no power to award costs arising from the dismissal of charges at a committal hearing. The Magistrate had ruled that he was functus offico at the time that the application for costs was made. Hidden J held that this was not the case and that the Magistrate had the power to award costs.
R v Rapley (1999) NSWCCA 302
In this matter Greg Walsh represented the respondent in respect of a Crown Appeal.
R v Giri and Karki (1999) NSWSC 126
In this matter Greg Walsh appeared before Studdart J in respect of the sentencing of Mr Giri arising from his conviction for murder.
Forbes v Boston & Anor (1999)
Represented a successful plaintiff in a civil action arising from denial of procedural fairness by the Department of Education.
Garbutt v Muswellbrook Shire Council (1999)
Represented a successful plaintiff in a civil action arising from a fall from the Muswellbrook Bridge.
R v Zeineddine (1999)
Represented accused as Counsel in respect of trials for armed robbery. The accused was suffering from brain damage arising from a motor vehicle accident.
R v Rendell (1999, Unreported, NSWCCA)
In this matter Greg represented Mr Rendell in respect of his application to set aside his conviction for murder. The applicant had been convicted of murder and a subsequent enquiry had established that such conviction was unsafe and the Court of Criminal Appeal set aside that conviction.
Rendell v State of NSW & Ors (1999)
Greg Walsh successfully represented Mr Rendell in an action against the State of New South Wales for malicious prosecution arising from his wrongful conviction and sentence. Mr Rendell had served 10 years in prison.
JD v Director of Public Prosecutions (1999) NSWSC 878
In this matter Greg Walsh represented the plaintiff in an application to the Supreme Court seeking relief arising from a decision by a Magistrate that he had no power to award costs arising from the dismissal of charges at a committal hearing. The Magistrate had ruled that he was functus offico at the time that the application for costs was made. Hidden J held that this was not the case and that the Magistrate had the power to award costs.
Hannan v Commonwealth of Australia (1998)
Defence Force employee awarded $2.2 million as a result of a repelling accident.
DPP v Campbell (1998)
Greg Walsh appeared as Counsel when he represented the member for Kalgoorlie when he faced committal hearings in relation to a charge of dangerous driving occasioning actual bodily harm. Mr Campbell was discharged at committal.
Hunter v United States of America (1998)
Greg Walsh represented the appellant in respect of an application for review arising from an order for surrender upon extradition. Spender J upheld seventeen of the eighteen objections.
JD v Director-General of Department of Youth and Community Services & Ors (1998) NSWSC 353
In this matter Greg Walsh represented the appellant who sought a declaration that a Children’s Court Magistrate had denied the plaintiff natural justice by ruling that cross-examination of witnesses by the parties legal representatives be restricted to 30 minutes. Black AJ granted a declaration that the Magistrate denied the plaintiff procedural fairness by ruling that cross-examination be restricted.
Hancock v Bankstown Counsil & Anor (1997)
Represented an infant plaintiff in a civil action arising from a tragic accident in which the plaintiff’s penis was severed whilst sliding on an aluminium seat. The infant was awarded $350,000 damages .
Woodham v Independant Commission Against Corruption (ICAC) (1997)
Represented Mr Woodham in a civil action in the Supreme Court heard by Grove J, whereupon findings made by Mr Temby, ICAC Commissioner, were overturned.
R v A (Juvenile) (1997-1998)
Represented a juvenile in respect of a notorious murder known as the “Campsie Driveby Shooting”. Juvenile ultimately pleaded guilty to manslaughter and sentenced to 2 years detention in a juvenile institution.
DPP v W & Ors (1996)
Greg Walsh represented three defendants in committal proceedings heard over 62 days before Mr D Price LCM. These charges arose from a complaint that was made by W’s eldest child who had attended upon a therapist who adhered to Repressed Memory Syndrome. The prosecution’s case involved bizarre allegations. Expert evidence was called by both the prosecution and defence as to psychiatric issues including recovered memory. Each of the defendants were discharged in respect of the charges brought against them.
McLeod-Lindsay v State of NSW (1996-1997)
Represented Mr McLeod-Lindsay in civil proceedings arising from his alleged wrongful conviction and false imprisonment. This matter was successfully mediated by Sir Laurence Street.
Rendell v The Queen (1996-1997)
Represented Mr Rendell in respect of an application to set aside a wrongful conviction which was heard in the New South Wales Court of Criminal Appeal. The appeal was granted and a verdict of acquittal was entered.
Hartnett & Ors v State of NSW (1995-2000)
In this matter Greg Walsh represented 68 plaintiffs in civil proceedings instituted in the Supreme Court of New South Wales arising from their wrongful detention and imprisonment. The case was a complex one involving a large number of plaintiffs. Represented children in the case that became known as the ‘Children of God” case. Care proceedings were conducted over 42 hearing days and represented the children in respect of those care proceedings. The proceedings were ultimately terminated as a result of the mediation conducted by Sir Laurence Street.
Director General of Department of Community Services v W & Ors (1994-1995)
In this matter Greg Walsh represented a father, mother and grandmother in respect of care proceedings that was heard over a period of 107 days. The hearing dealt with complex issues arising from allegations based upon the complaint of one of W’s children who suffered from Repressed Memory Syndrome.
The Queen v A (Juvenile) (1989)
Represented on a pro bono basis, a young juvenile was charged with manslaughter arising from the alleged birth of her baby. The juvenile was aged only 14 years and was unaware of her pregnancy and gave birth to the child on the toilet. Greg Walsh appeared as Counsel for the child at an inquest before Mr Hande, Coroner, and made submissions to the Director of Public Prosecutions who no-billed the prosecution.
Wilson v McDougal & Anor (1987) NSWLR 241
In this matter, Greg Walsh represented the successful defendant arising from an appeal from a decision of a Magistrate to award costs to the defendants arising from care proceedings pursuant to the Child Welfare Act 1939. Newman J held that where proceeding in their conduct, with the Child Welfare Act 1939, are both misconceived and mischievous of latter element entitles the Court to use its inherent jurisdiction to award costs and an appropriate remedy to counteract the mischief.