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 21^st 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:-

OKS v The State of Western Australia – High Court of Australia: appeal allowed and conviction quashed by the High Court of Australia.

Jeffery v The State of Western Australia – Court of Appeal (WA): appeal allowed and conviction quashed by the Court of Appeal (WA).

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.

Spagnolo: one of WA’s prominent cases on corruption charges preferred by the Corruption and Crime Commission. All charges on indictment discontinued.

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.

AM v The State of Western Australia [2008] WASCA 196: One of WA’s leading cases on the Longman direction. A police officer wrongly convicted at Judge alone trial. Appeal allowed and conviction quashed in Court of Appeal (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.

Dana Vulin – burns victim. Shash acted for Ms Vulin in her criminal injuries compensation application. Ms Vulin’s attacker was jailed for 17 years after being convicted of grievous bodily harm for throwing methylated spirits on Ms Vulin and setting her alight. A significant compensation award was received

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.

Allbeury, Smith & Silvestro (WA Court of Appeal) – Allbeury v Corruption and Crime Commission [2012] WASCA 84: One of WA’s leading cases on contempt of Court.

Shash has advised a number of Australian citizens when they find themselves in legal difficulty overseas. One such case was Mr Luke Pomersbach – former Australian and Western Australian cricketer. Mr Pomersbach was arrested for assault and molestation whilst playing in the Indian Premier League in India in 2012. The matter was discontinued and Mr Pomersbach returned to Perth, Australia

Simon Barker – film maker. One of WA’s leading cases on racial vilification laws. Shash acted for Mr Barker when he was charged with an offence under the racial vilification laws. Mr Barker was acquitted.

A group of 11 Christian leaders including priests and pastors were charged with trespass at Foreign Minister Julie Bishop’s office in Perth after staging a sit-in vigil protesting about the 1138 children kept in detention centres in Nauru and Christmas Island. Shash acted on behalf of all 11 charged. All 11 were fined $50 each and all received spent convictions.

Brandt Crosswell – prominent case on assault of a public officer. The Accused was acquitted.

Coronial Inquest into the Death of Shirley Finn – inquest into one of the State’s most high profile unsolved murders:

Criminal charges and Criminal Property Confiscation matter of “Dave.” Received a suspended sentence and kept his home.

Criminal charges and Criminal Property Confiscation matter of Miriam Down. Received a suspended sentence and kept her home.

President of Islamic Council of WA receives spent conviction for failing to secure firearms:

After brawl, charges against IGA manager dropped:

Air Asia Pilot granted bail: