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![NSW Police Search Powers - Case of R v Nguyen [2025] NSWDC 567](https://static.wixstatic.com/media/6684f3_671f405ff747466d96278e0f94c038e3~mv2.png/v1/fill/w_454,h_341,fp_0.50_0.50,q_95,enc_avif,quality_auto/6684f3_671f405ff747466d96278e0f94c038e3~mv2.webp)
NSW Police Search Powers - Case of R v Nguyen [2025] NSWDC 567
Police searched a car over a drug history and a hunch. A NSW judge found the search unlawful and excluded the drugs and phone. What it means for you.

Surge Legal
5 hours ago6 min read


Can an ADVO Protect Children Who Witnessed Domestic Abuse? Lessons from MR v R
We examine a case of MR v R [2026] NSWDC 28, which confirms that dismissed DV charges don’t end an ADVO, and children exposed to or witnessing abuse can still be protected persons.

Surge Legal
Sep 115 min read


Threatening a Pet Can Be Intimidation
He said he'd rather kill the puppy than hand it over — and argued that wasn't a threat. A NSW District Court appeal explains why the law disagreed.

Surge Legal
Jul 306 min read


Police Took Your Phone. Can They Search It — and Do You Have to Unlock It?
NSW police can seize your phone, but seizing it is not the same as reading it or forcing you to unlock it. Know your rights, passcodes and Digital Evidence Access Orders.

Surge Legal
Jul 156 min read


New DV Rules - Why Your First Court Date Is Crucial
Under the NSW Local Court's new Practice Note, your first court date for an ADVO or domestic violence charge is where pleas are entered — or entered for you — hearing dates locked in, and evidence timetables set. Here's why walking in unprepared is no longer an option.

Surge Legal
Jul 114 min read
![Appeals in the District Court of NSW: Neupane v R [2022] NSWDC 598](https://static.wixstatic.com/media/6684f3_dbffb174d5144b77aa1cfebbda5c6432~mv2.png/v1/fill/w_333,h_250,fp_0.50_0.50,q_35,blur_30,enc_avif,quality_auto/6684f3_dbffb174d5144b77aa1cfebbda5c6432~mv2.webp)
![Appeals in the District Court of NSW: Neupane v R [2022] NSWDC 598](https://static.wixstatic.com/media/6684f3_dbffb174d5144b77aa1cfebbda5c6432~mv2.png/v1/fill/w_454,h_341,fp_0.50_0.50,q_95,enc_avif,quality_auto/6684f3_dbffb174d5144b77aa1cfebbda5c6432~mv2.webp)
Appeals in the District Court of NSW: Neupane v R [2022] NSWDC 598
Lose in the Local Court and you actually have two very different appeals open to you — against the conviction, against the sentence, or both. Here's how this works based on a real case.

Surge Legal
Jun 245 min read


Filming a Stolen Car Joyride in NSW? s 154K “Post and Boast” Charges and Penalties
In NSW, “post and boast” laws mean your social media upload can do more than identify you — it can increase your legal exposure. Section 154K targets “performance crime”, where a person commits a motor theft or break-and-enter offence and then disseminates footage to advertise it. In plain terms: if you steal a car and film yourself for TikTok, Snapchat or Instagram, you may be handing police a clean brief of evidence — and facing a higher maximum penalty than you would have

Surge Legal
Feb 242 min read


Understanding Lapsing Interim ADVOs: A Comprehensive Guide
A lapsing ADVO is usually made for a set period (usually 6 months). If the defendant complies with all conditions and no breaches occur during that time, the police or the applicant will normally withdraw the application, and the court will dismiss the matter at the next mention.

Surge Legal
Feb 124 min read


Understanding the Importance of Police Facts Sheets in Criminal Cases
If you plead guilty without correcting the Facts Sheet, you are admitting to the police’s version of the story, and the Court makes a finding of fact as per the Facts Sheet.

Surge Legal
Jan 13 min read


Case Study - Client Charged with Traffic and Drug Offences
A summary of one of our recent traffic offence cases in which we were successful in achieving a non-conviction sentence for our client.

Surge Legal
Sep 13, 20242 min read


Our Cases - Ms X, Common Assault
A NSW common assault case study examining sentencing submissions, mitigating factors and a Conditional Release Order made without conviction.

Surge Legal
Aug 18, 20232 min read


Severity Appeals to District Court of NSW
In essence, a severity appeal is an appeal against the severity of a sentence handed down by the Local Court. In layman's terms, it's essentially saying to the Court - “Your Honour, I am not denying my guilt, but the punishment in the Local Court was too harsh, can you please give me a more lenient sentence!". Thus, in severity appeals the Local Court of NSW has already found the defendant guilty, but the appeal isn't about guilt or innocence—it's about the fairness of the pu

Surge Legal
Jun 13, 20233 min read


Contesting an Apprehended Violence Order (AVO)
An Apprehended Violence Order (AVO) or an Apprehended Domestic Violence Order (ADVO) is an order issued by the court to protect...

Surge Legal
May 7, 20234 min read


When Clients Are Hotheaded
As part of our criminal law practice, we often encounter and deal with quite bizarre and interesting cases. Frequently we see clients...

Surge Legal
May 3, 20233 min read


Self-Representation in Legal Proceedings
You may be familiar with the old adage: “a man who is his own lawyer, has a fool for a client”. The notorious and mind-boggling criminal...

Surge Legal
Apr 25, 20237 min read


Minor Criminal Offences - Sentencing Considerations
If you have been charged with a minor criminal offence in NSW, you generally have a good chance of avoiding a criminal conviction altogether if you decide to plead guilty, provided your criminal record is relatively clean. In these types of matters the Court would normally exercise its discretion by choosing to deal with the matter by way of a Section 10 dismissal or alternatively by imposing a Conditional Release Order (CRO) without a conviction or a fine. Case Study For the

Surge Legal
Apr 18, 20234 min read
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