Jonathan Hyde

Admitted to the Bar 1996 (SA) 2004 (NSW)

Experience

Brief description of legal experience: Jonathan been in full-time practice as a barrister for 26 years, with 5 years at the Bar in South Australia, and 21 years at the New South Wales Bar. He was first admitted to practise in South Australia in December 1991.  He has specialist knowledge in a range of areas including in the integrity and law enforcement space as well as extensive experience in both administrative, criminal, and commercial work.

As well as statutory appointments, he advises a range of Commonwealth and State government agencies, including ASIC, the AFP, the NSW Police Force, the Australian Commissioner for Law Enforcement Integrity, and the Australian Defence Force in matters germane to their operations.  He has a particular interest in coronial work.

Mental Health Review Tribunal:  At the end of 2022 Jonathan was appointed to the position of part-time Deputy President of the NSW Mental Health Review Tribunal.

Defence Honours and Awards Appeal Tribunal:  In January 2023 Jonathan was appointed by the Minister for Defence to the Defence Honours and Awards Appeal Tribunal.  The Defence Honours and Awards Appeal Tribunal is an independent statutory body established under the Defence Act to consider Defence honours and awards matters.

Commercial practice: His main area of practice at the NSW Bar has been in general commercial and equity matters and has over the years extended to the full suite of contractual claims.  He appears in the Supreme Court in the Administrative, Possession, Professional Negligence, Commercial and Technology and Construction Lists.

Criminal practice:  Jonathan has appeared in approximately 100 civilian and military criminal trials including many jury trials across the spectrum of criminal offending. His experience includes appearing before the Court of Criminal Appeal in South Australia and the Defence Force Discipline Appeals Tribunal.

Military Judge:  In 2017 Jonathan was appointed by the Chief of the Defence Force as a Defence Force magistrate and Judge Advocate pursuant to section 127 of the Defence Force Discipline Act 1982.  A Defence Force magistrate is equivalent to a District Court judge sitting alone in a criminal trial and a Judge Advocate is equivalent to a Supreme Court judge sitting with a jury.  Judge Advocates may conduct trials of ADF members charged with the full array of civilian and military offences, including murder and war crimes. General courts martial may impose punishments of up to life imprisonment.

Australian Commissioner for Law Enforcement Integrity: In July 2018, and pursuant to the Law Enforcement Integrity Act 2006, Jonathan was appointed Counsel Assisting to the Australian Commissioner for Law Enforcement Integrity.  As counsel assisting, he was responsible for the strategic management and direction of a major investigation into a significant corruption matter.  The taskforce comprised of 10 professionals, including junior counsel, solicitors, intelligence analysts, investigators and forensic accountants.  Over the course of two years, he conducted approximately 25 closed hearing examinations and co-ordinated the substantial investigation and evidence gathering process.  There was also a need to coordinate the inquiry with Commonwealth agencies and the US Department of Justice.

Assistant Inspector General, Australian Defence Force:  In 2020 Jonathan was appointed as an Assistant IGADF pursuant to the Inspector-General of the Australian Defence Force Regulations 2016.  Assistant IGADF have broad powers to compel individuals to answer questions and produce documents.  The role requires the exercise of statutory investigative and examination powers in the conduct of inquiries.  He has been appointed to conduct the more complex inquiries into service-related deaths.

RSL NSW Discipline and Conduct Tribunal:  Jonathan is a former President of the RSL NSW Discipline and Conduct Tribunal, a body established following the Bergin SC Inquiry into corrupt practices in RSL NSW.   As President of the Tribunal, he was responsible for its governance, management, and administration, including the allocation of its resources and caseload. There are 8 members of the Tribunal and a Registrar.  In New South Wales, membership of the 130 clubs of the RSL & Services Clubs Association exceeds 1.4 million individuals.

Royal Commissions and Commissions of Inquiry:  Jonathan has considerable experience in a range of jurisdictions appearing as both counsel and as counsel assisting, including hearings in the coroner’s court and for the ADF.  He was lead counsel in the Royal Commission into Institutional Responses to Child Sexual Abuse for three significant sporting bodies: Cricket Australia, Queensland Cricket, and Tennis Australia.  More recently he appeared in the Royal Commission into Defence and Veteran Suicide.

ICAC: Jonathan has experience in appearing before the Independent Commission Against Corruption in NSW.  In 2020, he was invited by the Joint ICAC Parliamentary Committee of the NSW Parliament to address them on reforms to the ICAC.