Project Description
Areas of Practice
- Common law/personal injury
- Commercial
- Criminal
- Equity
- Alternative dispute resolution
Contact Details – Now at Frederick Jordan Chambers
Phone: (02) 9229 7333
Email: mail@petertierney.net
Year of Admission as an Australian Lawyer – 1987
Year of Admission to the NSW Bar – 2014
Degrees
- University of Sydney BEc
- Australian National University LLB
Experience
Peter has successfully conducted cases as both barrister and solicitor against the State of New South Wales, the Australian Capital Territory, the Attorney-General of Australia and large corporations. Some of the more interesting litigation matters that Peter has acted in include:
Intentional torts
- Lewis v The Australian Capital Territory [2020] HCA 26; 94 ALJR 740; 381 ALR 375 (principles for damages in false imprisonment)
- State of New South Wales v. Riley [2003] NSWCA 208 (1 August 2003) (intentional torts of assault and false imprisonment by police – aggravated and exemplary damages) http://www.austlii.edu.au/au/cases/nsw/NSWCA/2003/208.html
- Niven v. SS [2006] NSWCA 338 (30 November 2006) (civil damages for sexual assault involving a re-statement and application of the tort/felony rule in New South Wales) http://www.austlii.edu.au/au/cases/nsw/NSWCA/2006/338.html
Human rights
- Yasmin v Attorney-General of the Commonwealth of Australia [2015] FCA 91 and [2015] FCAFC 145 (administrative law and prerogative of mercy)
http://www.austlii.edu.au/au/cases/cth/FCAFC/2015/145.html - Monaghan v Australian Capital Territory (No 2) [2016] ACTSC 352 (30 November 2016)
(Human Rights Act (ACT) and novel duty of care in bail processing)
http://www.austlii.edu.au/au/cases/act/ACTSC/2016/352.html - LFDB v SM [2016] NZCA 295 (debarred litigant, human rights, Trans-Tasman proceedings and judicial comity)
https://gallery.mailchimp.com/6f0a58a15a4e51e437aaa5e24/files/2016_NZCA_295.pdf - Jasmin v The Queen [2017] WASCA 122 (29 June 2017) (miscarriage of justice, statutory referral powers and directed acquittal)
http://www.austlii.edu.au/au/cases/wa/WASCA/2017/122.html - Eastman v The Australian Capital Territory [2019] ACTSC 280 (14 October 2019) (wrongful conviction, miscarriage of justice and first award of compensation under the Human Rights Act (ACT))
http://www.austlii.edu.au/au/cases/act/ACTSC//2019/280.html
Equity proceedings
- Australian Land Co Pty Limited v Tumut Festival Centre Pty Limited [2006] NSWSC 828 (10 July 2006) (enforceability of reduced deposit clause) http://www.austlii.edu.au/au/cases/nsw/NSWSC/2006/828.html
- Borthwick v Mitchell [2017] NSWSC 1145 (31 August 2017) (Informal will – unsigned notes transcribed by interested witness)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2017/1145.html
Peter accepts instructions in range of matters including:
- Appellate practice;
- Common law;
- Human rights; and
- Equity proceedings
Peter has extensive experience in advocacy in a range of courts and tribunals in the Federal jurisdiction, New South Wales and the Australian Capital Territory and has appeared in inquiries, including the Royal Commission into Institutional Responses to Child Sexual Abuse and the Royal Commission into the Protection and Detention of Children in the Northern Territory.