Aggy Kapitaniak practices in a wide range of criminal and quasi-criminal matters, appearing regularly in the Magistrates’ Court, and County Court. She has been selected as a Victorial Legal Aid Criminal Trial Preferred Barrister List.
Aggy is experienced in large, complex criminal trials, (including drug and fraud) at both state and federal levels. She appears alone and with senior counsel.
She also has expertise in acting for and advising clients where there is an intersection between employment and criminal law. Most recently acting for union officials in misuse of union funds.
She is a passionate humanitarian and human rights advocate in areas such as anti-terror legislation, spent convictions and fitness and mental impairment.
Aggy was research editor for the first text on criminal responsibility of corporations: see Clough & Mulhern, The Prosecution of Corporations, 2002, Melbourne, Oxford University Press. She is also a contributing author for Bourkes' Criminal Law. Confiscation and surveillance.
Aggy also has a strong commitment to social justice and law reform and drafts Parliamentary submissions of Liberty Victoria (Victorian Council for Civil Liberties Inc.) on these topics.
She has a particular interest in human rights, and is experienced in the application of the Charter of Human Rights and Responsibilities to criminal trials, most recently admissibility of evidence and the right to privacy. She is a former executive member of Liberty Victoria and was an elected member of the Criminal Bar Association.
Building on her time in the community sector at jobwatch and community legal centers, Aggy also practices in a wide range of employment law matters, with a focus on equal opportunity and discrimination. She also has experience in matters involving a breach of workplace legislation, including Worksafe prosecutions.
Aggy is also available to appear at Coronial Inquests; her experience includes seeking recommendations and structural reform for more adequate training for police and support agencies in dealing with those suffering from mental illness. Her current focus is seeking systemic changes in domestic violence deaths.
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