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Shash Nigam
Director (08) 9221 1818 nigams@nigam.com.au
Biography
Shash Nigam is the Director at Nigams Legal Pty Ltd Barristers & Solicitors. He holds both Bachelor of Commerce and Bachelor of Laws degrees and is a barrister and solicitor of the Supreme Court of Western Australia and the High Court of Australia. He was admitted as a barrister and solicitor on the 21st December 2004.
Shash specialises in criminal law, criminal confiscations and criminal injuries compensation matters. He has acted in numerous high profile trials and appeals over the years.
Expertise
He was the Western Australian National Director of the Australian Lawyers Alliance for nearly 10 years. In 2014, he was nominated for the Australian Lawyers Alliance National Civil Justice Award. He has chaired and presented at numerous law conferences both nationally and internationally.
Shash has spoken out against the Government’s misconceived policies on law and order. He is regularly sought out for comment/opinion on legal matters and has made himself available for comment on behalf of the profession on matters of topical importance, such as: assets confiscation, mandatory sentencing and an accused person’s right to costs upon an acquittal or discontinuance.
He is currently a committee member of the Western Australian branch of the Australian Lawyers Alliance. He is also a member of the Law Society of Western Australia, the Criminal Lawyers Association of Western Australia and the Law Society of Western Australia’s pro bono stakeholders committee.
He has relentlessly endeavoured to fight for civil justice in a State which is not renowned for embracing the concept.
He regularly appears in all Courts in Western Australia, and, has also appeared in the County Court of Victoria, the Federal Court of Australia, the High Court of Australia, the Corruption and Crime Commission, Australian Crime Commission, Real Estate and Business Agents Supervisory Board, State Administrative Tribunal and Administrative Appeals Tribunal.
In 2007, he accepted an invitation to join the Board of Directors of an ASX listed company, and as such, became one of the youngest directors of publicly listed company in Australia’s history at the age of 26 years.
Some of Shash’s notable cases include:-
Bowers and Anor v Director of Public Prosecutions for the State of Western Australia- Case P45/2010 – High Court of Australia.
The Director of Public Prosecutions (WA) v Bowers [2010] WASCA 46: WA’s test case of the Criminal Property Confiscation Act. Client kept his family home. On confiscation matters generally, over the years, Shash has saved numerous families their family home/assets. He is very much considered to have taken the lead to change Western Australia’s draconian criminal confiscation laws.
Catena (Supreme Court of WA): prominent 4 week insider trading trial. The Accused acquitted
Danny Green v Paul Briggs betting scandal: bookmaker in the Northern Territory initially refused to pay out a client. The money was paid to the client.
Challice: one of WA’s prominent cases on assault of a public officer with mandatory sentencing provisions. The Accused was acquitted.
Teenage sex abuse victim sought criminal injuries compensation – he acted pro bono. The client received a very significant compensation award as well as an ex-gratia payment from the State of WA.
Student at Governor Stirling High School sought criminal injuries compensation and an ex-gratia payment from WA’s Attorney General after being sexually assaulted by a teacher. The client received a very significant award as well as an ex-gratia payment from the State of WA.
Channel 7’s Today Tonight broadcasted a two part special called “Rough Justice” on three serious cases of frivolous and vexatious sexual assault complaints which had had a devastating effect on each of the innocent accused men. Shash acted for the each of the three men in proving their innocence.United Motorcycle Council of Western Australia’s fight against anti-association laws. Shash has provided advice and has been chief guest speaker at a number of conferences on the topic.
Brynne Edelsten drug charged discontinued:
Withnell (Supreme Court of WA) – Withnell v The Liquor Commission [2013] WASC 201: One of WA’s leading cases on prohibition orders banning individuals from entering licensed premises.
Brandt Crosswell – prominent case on assault of a public officer. The Accused was acquitted.
President of Islamic Council of WA receives spent conviction for failing to secure firearms: