Civil Claims
Pursuing damages where police or a government body initiated a prosecution without reasonable and probable cause and the matter ended in your favour.
NSW South Coast
Malicious Prosecution Claims NSW
Civil claims against NSW Police and government bodies where a prosecution was brought without proper grounds. Tony Cullinan has experience advancing these claims on behalf of clients across South East NSW.
Malicious prosecution is a civil claim that arises when a person is prosecuted without reasonable and probable cause and the prosecution ends in their favour. Tony Cullinan has experience advancing these claims against NSW Police and government bodies on behalf of clients across South East NSW.
What we cover
Malicious Prosecution Claims NSW: services
Wrongful Prosecution
Claims where the prosecution had no proper evidentiary foundation, or was continued despite clear evidence that it should not have proceeded.
Proceedings Against NSW Police
Tony has experience advancing claims against NSW Police where prosecutions were brought improperly or without proper grounds against clients across South East NSW.
When a prosecution goes wrong
Being charged by police and put through a criminal prosecution is serious. When the charges are ultimately withdrawn, dismissed, or you are acquitted, you are left with the costs, the disruption, and the damage to your reputation. If police brought that prosecution without proper grounds, the law provides a remedy.
Malicious prosecution is a civil cause of action. It is not a complaint to a police watchdog or an administrative review. It is a claim for damages in a court, brought against the party who initiated or maintained the prosecution against you.
These claims are uncommon and the threshold to succeed is deliberately high. They require establishing not just that the prosecution was wrong, but that it was brought or continued without a proper evidentiary foundation and with an improper purpose. Tony advises on whether the circumstances of a prosecution meet that threshold, and in appropriate cases, advances claims on behalf of clients against NSW Police and government bodies.
The four elements of a claim
To succeed in a malicious prosecution claim, you must establish four things.
The prosecution was initiated or maintained by the defendant. In most cases, this is NSW Police acting as complainant. It can also include other government bodies with the authority to initiate proceedings.
The prosecution terminated in your favour. An acquittal, withdrawal of charges, or a dismissal by the court will satisfy this. A guilty plea or conviction will not.
There was no reasonable and probable cause. This is both objective and subjective: was there an honest belief in guilt at the time the prosecution was initiated, and were there objectively reasonable grounds for that belief? If a proper investigation would have disclosed that the charge had no evidentiary foundation, this element may be made out.
The prosecution was motivated by malice. In legal terms, malice means an improper purpose: using the prosecution process for a reason other than bringing a genuinely guilty person to justice. Spite or ill-will can be relevant, but the focus is on whether the prosecution served its proper purpose.
Why early advice matters
The evidence that establishes whether a prosecution was brought without proper grounds is often held by police. Documents, communications, and investigation records need to be obtained through discovery and subpoena. The longer the delay, the harder it can be to reconstruct what police knew at the relevant time.
Limitation periods also apply. Early advice allows Tony to assess whether a claim is viable, what evidence is available, and what the realistic prospects are before time becomes an issue.
What to expect
How Tony handles your matter
01
Review the brief
Tony reads the prosecution's evidence in full. He identifies what the case actually proves and where it is weak before advising on any path.
02
Advise on options
A contested hearing, a negotiated resolution, or a plea with the strongest sentencing submissions. The right path depends on the facts, not on a default.
03
Prepare and appear
Tony prepares your matter fully and appears with you at every court date, from the first mention to the final outcome.
A prosecution that should never have been brought requires evidence gathered early. Time is the critical factor.
NSW South Coast
Areas we serve
FAQ
Frequently asked questions
What is malicious prosecution?
Malicious prosecution is a civil cause of action arising when a person has been prosecuted criminally without proper grounds. To succeed, you must establish four elements: the prosecution was initiated or maintained by the defendant (typically police); the prosecution terminated in your favour; the defendant lacked reasonable and probable cause for the pr...
Malicious prosecution is a civil cause of action arising when a person has been prosecuted criminally without proper grounds. To succeed, you must establish four elements: the prosecution was initiated or maintained by the defendant (typically police); the prosecution terminated in your favour; the defendant lacked reasonable and probable cause for the prosecution; and the prosecution was motivated by malice, meaning an improper purpose.
What does the prosecution terminating in my favour mean?
The criminal matter must have ended in a way that reflects positively on you. An acquittal after trial, withdrawal of charges, or a court dismissal will satisfy this requirement.
A guilty plea or conviction will not. The termination must be final and substantive, not merely procedural.
What does 'no reasonable and probable cause' mean?
This element asks whether the prosecuting authority had both an honest belief in your guilt and objectively reasonable grounds for that belief at the time of initiating or continuing the prosecution. If a proper investigation would have revealed there was no proper basis for the charge, or if police continued the prosecution despite evidence pointing away...
This element asks whether the prosecuting authority had both an honest belief in your guilt and objectively reasonable grounds for that belief at the time of initiating or continuing the prosecution. If a proper investigation would have revealed there was no proper basis for the charge, or if police continued the prosecution despite evidence pointing away from guilt, this element may be satisfied.
What compensation can I claim?
Damages can include general damages for harm to reputation, distress, and loss of freedom; economic losses caused by the prosecution such as lost income and legal costs; and in appropriate cases, aggravated or exemplary damages where the conduct of the prosecuting authority was particularly serious. Each case turns on its own facts and the evidence availa...
Damages can include general damages for harm to reputation, distress, and loss of freedom; economic losses caused by the prosecution such as lost income and legal costs; and in appropriate cases, aggravated or exemplary damages where the conduct of the prosecuting authority was particularly serious. Each case turns on its own facts and the evidence available.
How long do I have to bring a claim?
Limitation periods apply. In NSW, claims against NSW Police and government bodies are generally subject to a limitation period under the Limitation Act 1969.
The period begins to run when the cause of action accrues. Early advice is important: evidence of how the prosecution decision was made, what information police held, and internal communications becomes harder to obtain as time passes.
Get advice now
Believe you were maliciously prosecuted? Get advice from Tony.
Call +61 2 6492 4035 for a confidential first consultation. Tony appears at all South Coast courts and can advise on your options.
Or call directly on +61 2 6492 4035