Local Court

Advocacy in the Local Court

“Practical Advocacy in the Local Court”  His H0nour Judge Henson – August 2017 (link to Legal Aid NSW site).

“Sentencing Advocacy In The Local Court” Her Honour Judge Sophia Beckett – July 2015

“Presenting PCA and Other Traffic Pleas in the Local Court; Tips For Those Learning and Reminders For Those Doing It Regularly.” (Powerpoint presentation) His Honour Magistrate Brett Thomas – March 2014.

Sentencing for Serious Traffic Offences in the Local Court His Honour Magistrate Brett Thomas – March 2011

“Drink Driving and Other Traffic Offences: Sucessful Plea Making in the Local Court” Nic Angelov – December 2007.

For more advocacy papers click on the Advocacy Page

For Defended Hearings see further down this page.

Annulment Applications

” ‘Not Intended to Produce Injustice’: A Practical Guide to Section 4 Annulments” Isaac Morrison – July 2020

“Annulment Applications in the Local Court” His Honour Magistrate David Heilpern LCM – March 2017

“My Client is a No Show – Warrants, Adjournments, Ex Parte Convictions, Section 4 Applications, Trials in Absentia – An Analysis of National and International Law.” Stephen Lawrence – September 2016.

Bench Book

“Local Court Bench Book” – NSW Judicial Commission (link to NSW Judicial Commission website)

Committals

Local Court Practice Note Comm 1 (Committals). (Link to Local Court site).

“Contested Committals – A Defence Perspective” Mark Dennis SC – July 2012

Convictions In the Absence of the Client and Annulment Applications

“Annulment Applications in the Local Court” His Honour Magistrate David Heilpern LCM – March 2017

“My Client is a No Show – Warrants, Adjournments, Ex Parte Convictions, Section 4 Applications, Trials in Absentia – An Analysis of National and International Law.” Stephen Lawrence – September 2016.

Defended Hearings

Preparing for Hearing or Trial” Peter McGrath SC, Deputy Director of Public Prosecutions (NSW) – August 2019

“Defending Child Sexual Assault in the Local Court” Mark Dennis SC – March 2017

“Defending Allegations of Domestic Violence in the Local Court of NSW” Paul Cranney – December 2013

“Preparing For a Hearing in the Local Court” Mark Dennis SC – April 2009

“Defended Hearings” Lester Fernandez – February 2005

See also the Children’s Court page for this topic.

Disclosure in the Local Court

When You Don’t Know What You Don’t Know: Ten Things You Should Know.”  Madeleine Avenell SC, Felicity Graham and Tim McKenzie – September 2020

Diversionary Schemes

“Diversionary and Other Schemes in the Local Court” His Honour Judge Henson, Chief Magistrate of NSW – March 2015

 Evidence in the Local Court

“Dealing With Absent and Unfavourable Witnesses in the Local Court” Tom Quilter – July 2008

“Running a Voir Dire in the Local Court” Paul Townsend and Lester Fernandez – October 2006

For more Evidence papers click on the Evidence page.

Fines

“Fines and Their Enforcement” Jane Sanders – December 2013

Forensic Procedure Applications

“Defending Forensic Procedure Applications In The Local And Children’s Court” Angela Cook – March 2014

“Appearing For A Suspect In An Application Under Part 5 of the Crimes (Forensic Procedures) Act 2000” Felicity Graham – March 2014

Jurisdiction

“Criminal Jurisdiction – A Very Brief Outline” Mark Dennis SC – August 2009

Mental Health – s.32 Applications

Huynh v R [2021] NSWCCA 148 – Mental Health Diversion and Non-Conviction Dismissal in District Court Appeals” Jane Sanders, Arjun Chhabra and Dev Bhutani – July 2021

“What’s New With Section 32?” Jane Sanders – May 2021.

“Comparative table: diversionary provisions in Mental Health (Forensic Provisions) Act 1990 (MHFPA) vs Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (MHCIFPA)” – Jane Sanders – November 2020

“Making Successful Section 32 Applications.” Karen Espiner – February 2020.

“Mental Health in the Local Court” Jeffrey Rose – March 2016

“Fitness in the Local Court – Part I – Legal Analysis” Riyad El-Choufani July 2015

“Fitness in the Local Court – Part II – Practical Aspects” Chris Yee July 2015

“What To Do When A Section 32 Application Is Refused” Karen Weeks – March 2012

“Section 32 – Step By Step Guide To Making a Section 32 Application For A Person With Intellectual Disability” Intellectual Disability Rights Service – October 2011 (link to IDRS website)

“To Section 32 or Not?” Karen Weeks – May 2010 (link to Law Society Journal article)

“Section 32 – Summary of Principles” Lester Fernandez – June 2007

Mental Health – Fitness To Plead Issues

“Fitness in The Local Court – Part I – Legal Analysis” Riyad El-Choufani – July 2015

“Fitness in the Local Court – Part II – Practical Aspects” Chris Yee July 2015

No Conviction

“Section 10; Its Use, Misuse, Non-Use and Over Use” His Honour Magistrate Brett Thomas – November 2011

Practice Notes – Local Court Criminal Law

See our Practice Notes page.

 Sentencing In The Local Court

“Section 58 Issues” Joesph Healy – October 2021

“Diversionary and Other Schemes in the Local Court” His Honour Judge Henson, Chief Magistrate of NSW – March 2015

“Presenting PCA and Other Traffic Pleas in the Local Court; Tips For Those Learning and Reminders For Those Doing It Regularly.” (Powerpoint presentation) His Honour Magistrate Brett Thomas – March 2014.

“Recent Developments in Sentencing For Traffic Offences Including Post O’Sullivan Higginson and Meakin His HOnour Magistrate Brett Thomas LCM – January 2013

“Section 10; Its Use, Misuse, Non-Use and Over Use” His Honour Magistrate Brett Thomas – November 2011

“Current Issues in Sentencing in The Local Court” His Honour Magistrate Brett Thomas – August 2011.

Sentencing for Serious Traffic Offences in the Local Court His Honour Magistrate Brett Thomas LCM – March 2011

“Local Court Sentencing – A Practical Overview” Vaughan Roles – March 2011.

For more sentencing papers click on the Sentencing Page.

Trial Directions in The Local Court

“Trial Directions For The Local Court Advocate.” Slade Howell and His Honour Magistrate Daniel Covington – July 2014.