XD LAW

📢 Public interest lawyers
Where law, politics & media converge.

Photos from XD LAW's post 16/05/2024

Historic win today in the NSW Court of Appeal for our client South East Forest Rescue. Thank you to barristers Jonathan Korman, Jeremy Farrell and Lauren Sims. Special thanks to Jack Vaughan and Natalija Nikolic 🥳💫

Photos from XD LAW's post 04/05/2024

The NSW Forestry Corporation has been accused of breaching rules designed to protect endangered greater gliders - 188 times in eight weeks.

Forestry Corp faces fresh glider negligence claims 04/05/2024

Scott Daines from Sefr Southeast Forest Rescue, XD client, carried out the desktop audit and says that's a non-compliance rate of almost 80 per cent, with some surveys commencing in the dead of night.

He says the Environment Protection Authority must ensure the government-owned Forestry Corporation does not destroy den trees as a result of its failure to follow the rules.

Read more:
https://www.canberratimes.com.au/story/8615143/forestry-corp-faces-fresh-glider-negligence-claims/?

Forestry Corp faces fresh glider negligence claims The NSW Forestry Corporation has again been accused of incompetently searching for endangered greater gliders before logging their...

Photos from XD LAW's post 18/04/2024

A couple of big days in Court this week as our client, South East Forest Rescue continues its battle against Forestry Corp NSW. On Monday, we were successful in the Land and Environment Court after the Judge found that that the litigation was in the public interest and has made a material contribution to the law. 💫 On Tuesday, we were in the Court of Appeal seeking orders be set aside. Thanks to the incredible efforts of our client and the tireless work of our legal team including Jonathan Korman, Lauren Sims, Jeremy Farrell, Jack Vaughan and Natalija Nikolic.

15/01/2024

XD joins the fight to save NSW forests and its endangered gliders.

‘The Forestry Corporation has a statutory obligation to protect endangered species. It is not a discretion that they can choose to follow or not. It is the law. And we intend to see it obeyed and enforced’ Natalija Nikolic.

Breaking news!!!

Unprecedented Legal Action Launched Against Forestry Corporation NSW For Failing to Protect Endangered Species

Conservation group South East Forest Rescue (SEFR) has filed in the Land and Environment Court of NSW seeking an injunction that the state-run logging agency Forestry Corporation NSW be restrained from conducting any forestry activities in certain state forests on the north and south coasts of NSW until adequate surveys for Greater Gliders, Yellow-bellied Gliders, or Squirrel Gliders have been performed.

SEFR is seeking an injunction that the Forestry Corporation be permanently restrained from logging anywhere in the North East or South East forests unless they conduct effective surveys for gliders.

SEFR is also seeking orders to immediately suspend logging in Bulga, Clouds Creek, Moonpar, and Styx River State Forest on the north coast and Currowan, Shallow Crossing and Timbillica State Forests on the south coast to prevent irreparable damage being done in the interim.

SEFR’s position is that the Forestry Corporation is breaking the law by not performing adequate surveys for den trees, and necessary exclusion zones around den trees are not being implemented. SEFR say the impacts of logging on glider habitat are all the more critical for consideration in the wake of the 2019/20 fires.

This is the first time in 25 years that the Forestry Corporation has been brought to court by citizens for failure to comply with the law, called Coastal Integrated Forestry Operation Approvals, in particular failure to conduct adequate surveys for gliders.

“For too long this rogue Corporation have produced real harm to the environment and ecosystems. Much of the Glider habitat was impacted by the fires, this is why it is so important to protect any remaining habitat before the Forestry Corporation destroys all of our national treasures,” said Mr Scott Daines, spokesperson for South East Forest Rescue.

“The Corporation has previously admitted that it conducts its surveys for the dens of these nocturnal animals during the day,” said Mr Daines. “This incompetence needs to be stopped.”

SEFR would like to thank our lawyers XD Law, and counsel for taking on this important public interest case on a pro bono basis.

“The people of New South Wales and the Parliament expect that Forestry Corporation will obey and abide by the laws of this state,” said Ms Natalija Nikolic, from XD Law. “We will be vigorously prosecuting this action and look forward to having this landmark legal challenge heard by the Court.”

SEFR have sought confirmation from the Forestry Corporation that they will discontinue logging of the compartments until the decision of the Court is handed down.

SEFR’s motion for injunction is expected to be scheduled this week and may be heard by the end of this week.

09/11/2023

We’re armed up and heading to Canberra for the McBride trial. Thanks to the generosity of every single donor we have engaged Stephen Odgers as Senior Counsel assisted by Emmanuel Kerkyasharian and Paul d’Assumpcao. Between them a wealth of expertise in criminal law, the rules of evidence and national security legislation. Roll on 13 November.

01/11/2023

Pokies whistleblower Troy Stolz has just donated $10,000 to David McBride to help him get through his trial starting 13 November. Thank you Troy! Please chip in what you can here: https://chuffed.org/project/dpk4nvzkr4em



For those who followed Troy’s torturous legal path. He is now happily living in the countryside. He is still undergoing cancer treatment but is full of life, fight and laughter.

31/10/2023

It’s finally on - the trial of Afghan Files whistleblower David McBride. 13 November, Supreme Court Canberra.

We need to transport and house witnesses and a posse of lawyers for 3 weeks. We’re giving David everything we’ve got.

Donate Now: https://chuffed.org/project/dpk4nvzkr4em

Photos from XD LAW's post 10/08/2023

Another rare story from West Papua by Kristo Langker. And with guest appearance from MD of XD


Watch the video now: https://t.co/UKuMkWtHbq

04/08/2023

Kristo Langker from Friendlyjordies brings out the damning evidence.

02/08/2023

Best we forget. Not if McBride can help it.

“For telling the truth, David McBride has been singled out and punished by the Australian government,” Shoebridge said.

01/07/2023

As this week's Parliamentary Inquiry heralds gambling reforms, Gavin Fineff, the man who's story sparked the inquiry, begins his 9 year gaol sentence. A bittersweet victory.

See https://xenophondavis.com/gavin-fineff/ to learn more about Gavin’s story.

Photo Credit: The Daily Telegraph

30/06/2023

The Inquiry into Online Gambling Harm, released on Wednesday, has also recommended a crackdown on illegal gambling websites, stronger consumer protections for licensed online gambling, a ban on inducements, and a legislated duty of care.

RSL Australia president backs NSW cashless poker machines 06/01/2023

RSL Australia turns on RSL NSW pokies clubs.

“If we can't force them to stick to certain guidelines and ethical practises, I would like to see them stop using the name,"

RSL Australia president backs NSW cashless poker machines Greg Melick tells Radio National Breakfast he personally supports the Perrottet government's plan to mandate gaming cards.

Government announces inquiry into allegations SAS killed Afghan civilians 16/12/2022

Well well well. This is in response to the Panorama programme that featured DAVID McBRIDE. Good to see the British govt has responses other than trying to jail the whistleblower.

Government announces inquiry into allegations SAS killed Afghan civilians The government will expand a planned inquiry to include murder allegations against special forces.

08/12/2022

Our client DAVID McBRIDE wins this year’s Blueprint International Whistleblowing Prize in the UK for his ‘fearlessness and integrity’. Meanwhile back in Australia he faces jail for the same qualities.

25/11/2022

Victory today for our client Qld whistleblower Sharon Kelsey. Appeal upheld against Logan City Council. Thanks to Barristers, Pav Zielinski and Megan Brooks.

23/11/2022

We confirm that Jordan Shanks' home was firebombed last night. He is safe. We hope that every possible police resource is dedicated today to securing evidence and intel. It might even warrant a Strike Force focused upon terrorism and attempted homicide rather than dangerous jokes. Thanks to OnScene Bondi for the image and updates. First on the story this morning 🙏

27/10/2022

ACT Supreme Court. Australian agencies intervened today to deny us certain evidence in the defence of David McBride. Intolerable for us and our prospects of seeking a shield under whistleblower legislation. Onwards to a jury trial of citizens.

26/10/2022

BREAKING. Crime Commission report out today confirming billions of dollars of dirty money laundered through NSW pokie clubs.

The inquiry was inspired by “A series of news media articles ..that asserted that tens of millions of dollars ..were being “laundered” through licensed clubs and pubs and that only a small proportion of (them) were complying with their money laundering prevention obligations.”

Report here:

https://www.crimecommission.nsw.gov.au/inquiry-into-money-laundering-in-pubs-and-clubs

25/10/2022

The hearing for soldier and lawyer David McBride begins this Thursday 27 October at the ACT Supreme Court. Supporters welcome 9 am. This hearing is to test whether David, who released the ‘Afghan Files’ to the ABC is entitled to a defence as a Whistleblower under Australian legislation.

Defence officials call for ‘deep reform’ to counter perceptions of inaction on Brereton inquiry 29/09/2022

The ‘deep reform’ could begin with dropping the charges against whistleblower DAVID McBRIDE. We enter the court with him at the end of October where he faces life in prison for his honourable revelations that pre-empted the Brereton report.

Defence officials call for ‘deep reform’ to counter perceptions of inaction on Brereton inquiry Exclusive: Despite war crimes inquiry saying commanders ‘must bear’ responsibility for what happened on their watch, the previous government suspended punishment against them

‘I’ve nothing to lose’: Dying whistleblower sued by ClubsNSW 22/09/2022

We act for both Troy Stolz and Shanks. “The fact that both of them are now facing jail through a private prosecution is extraordinary to us, and we will fight it at every turn.”

‘I’ve nothing to lose’: Dying whistleblower sued by ClubsNSW When Troy Stolz decided to go public with his concerns about money laundering in NSW clubs, he kicked off a legal battle that will consume the last months of his life.

Friendlyjordies’ Jordan Shanks and ClubsNSW whistleblower face criminal contempt proceedings 02/09/2022

It is remarkable that a private company like Clubs NSW can initiate criminal proceedings. This has been a secret for the past month. Suppression order lifted today. We are acting for both Troy Stolz and Jordan Shanks.

Friendlyjordies’ Jordan Shanks and ClubsNSW whistleblower face criminal contempt proceedings Clubs lobby is seeking charges of contempt against the YouTuber and Troy Stolz over interview

22/08/2022

XD announce we will be acting for freelance Cameraman, Matt Costello, assaulted at Manly Corso 4 weeks ago. With a broken camera and an injured back he hasn’t earnt a dollar since. We will be seeking full compensation.

David McBride: Declassified | Film Premiere - Mercury Cinema 19/08/2022

‘David McBride: Declassified’
Australians need to know about this case. Film screening followed by live Q+A with Nick Xenophon and David McBride.

McBride released the ‘Afghan Files’ to the ABC revealing for the first time war crimes in Afghanistan. Now he is facing life imprisonment for breaching the Defence act.

Book a ticket at the link below to support this brave Australian. Exposing a crime should never be a crime!

Saturday, 27 August, 6:00pm. Mercury Cinema, Adelaide.

David McBride: Declassified | Film Premiere - Mercury Cinema David McBride: Declassified Premiere

Revealed: John Barilaro’s application letter for New York trade job 03/08/2022

Wow. “This document provides a panoramic window into Barilaro’s intellectual abilities and his sense of self. High comedy flourishes in the chasm between the two.”

Revealed: John Barilaro’s application letter for New York trade job The former NSW deputy premier’s diplomacy skills are so rare that nobody’s ever seen them.

Morrison government ‘placed pressure’ on Home Affairs over election-day boat intercept 23/07/2022

Can ‘Border Force’ revert to being nice customs officers with blue shirts and beagles? Enough with the paramilitary fantasy.

Morrison government ‘placed pressure’ on Home Affairs over election-day boat intercept The former government leaked information about a suspected asylum-seeker boat to select journalists against the express advice of the Department of Home Affairs.

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About Xenophon Davis

Some battles need to be fought in public and political forums as hard as they are in the courtroom - but Australian law is still essentially done in the dark.

That's how most people like to operate. But there are some disputes that are public by their very nature.

"It's a space a lot of Australian law firms are uncomfortable with being in – and Nick and I are not. We are more than prepared to defend publicly."

Xenophon Davis are not a general services law firm. Our focus combines litigation with vigorous public advocacy of our client’s interests.

Videos (show all)

David McBride faces life imprisonment. A man who served his country with honour, and is now being dragged through the co...
Last night, Mark Davis moderated a panel marking the 20th anniversary of Ahmad Shah Massoud's assassination."Twenty year...
Last week Bernard Collaery was back in court to appeal a decision that his trial be heard in secret.So how did he go? We...
Nick Xenophon: "No evidence" to justify Huawei ban

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