Brendan is an experienced barrister with particular expertise in criminal prosecutions and defence.

He had a legal background in administrative and personal injury law before specialising as a police prosecutor.

Brendan has operated in Australian and overseas jurisdictions including in Europe, China and South East Asia.

Experienced in various roles from case analysis, to the provision of written advice, case preparation, plea negotiations, trial advocacy and appeals to superior courts.

Areas of Expertise:

• All criminal trials including pre-trial legal issues
• Sentence proceedings in all jurisdictions
• Appeals on both conviction and sentence
• ASIC initiated prosecutions
• SafeWork prosecutions
• Appearance before Royal Commissions, Parliamentary Inquiries, Statutory oversight bodies (ICAC etc), Coronial Inquests
• Actions against police for wrongful arrest, assault, false imprisonment and malicious prosecution

Particular Area of Interest: 

• Improper use of police powers of Arrest, Search and Detain
• Applications to access ‘protected confidence’ counselling notes

Select Career Milestones: 

• Lawyer with carriage of the New South Wales Police’s response to a Parliamentary Inquiry into the 2004 Redfern Riots; and subsequent WorkCover prosecution
• Counsel appearing for a named person at the 2017 Royal Commission into Institutional Responses to Child Sexual Abuse
• Acquittal of a man on serious drug supply charges in Port Macquarie District Court on the basis police illegally searched his home
• Acquittal of a man on sexual assault charges in Sydney District Court after successfully arguing access to subpoenaed exculpatory counselling notes which were admitted as evidence in the trial
• Acquittal of a man on murder charges in Sydney Supreme Court based on self-defence: R v Walcott [2019] NSWSC 443

Police Prosecutions Command
New South Wales Police
October 2005 – September 2007, February 2009 – July 2011

• Prosecute a range of offences on behalf of New South Wales Police, including assaults, property offences, drug offences, fraud and traffic offences
• Appear and advise on matters relating to proper exercise of police powers e.g. powers of arrest, search and entries

Legal Executive
Hussey Fraser Solicitors
Dublin, Ireland
October 2007 – October 2008

Hussey Fraser Solicitors is a mid-size Dublin based firm providing legal services in the areas of building and construction disputes and personal injury/insurance claims.

• Managing a large practice of over 150 accident compensation claims
• Drafting and filing originating process, pleadings, affidavits and other legal documents

Lawyer
Civil Law Division
New South Wales Police Legal Services
June 2003 – October 2005

The Civil Law Division of New Wales Police Legal Services was responsible for all civil claims commenced against the NSWP as well as providing corporate responses to external oversight bodies and Parliamentary Committees.

• Instruct the Crown Solicitor’s Office and external counsel in relation to claims with substantial corporate and financial risk
• Provide advice to the Police Executive and Police Ministry in relation to contesting, settling or mediating claims
• Liaise with external oversight bodies such as the Ombudsman and Police Integrity Commission

Police Officer
New South Wales Police
May 2001 – June 2003

Qualifications

Called to the Bar
October 2011

Accredited Specialist Police Prosecutor
February 2007

Solicitor
Admitted to Supreme Court of New South Wales
June 2005

Bachelor of Arts and Bachelor of Law
University of Technology Sydney
1995 – 2000

Education
St. Joseph’s College
Hunters Hill
1990-1995