Neill McCarthy

Neill McCarthy has been a partner in Creswick McCarthy since 1999.  He was admitted to practice law in 1992 and is a very experienced legal advocate.  Neill commenced his career working as a prosecutor with the DPP, until moving into private practice in 1994.  Neill has since built up a varied practice acting for a variety of private, commercial and corporate clients.

Neill’s primary interest as a lawyer is in acting as a Court advocate and he appears in Courts and Tribunals regularly.  Neill practices as a litigator, primarily in these areas:

  • Criminal law
  • AVOs (Apprehended Violence Orders)
  • Contested wills
  • Pre-nuptial and binding financial agreements
  • Civil claims
  • Bankruptcy
  • Traffic law
  • Human rights law

Major areas of speciality

Criminal law

Neill regularly appears in the Local and District Court, representing clients charged with serious criminal law allegations.  This work involves cross-examining prosecution witnesses, including police officers and expert witnesses, on behalf of clients.

Contested wills

This is a rather self-contained niche area of the law, in which there are competing forces; the right of testators to have their testamentary wishes fulfilled, and the right of eligible persons to apply for a change to the will to ensure their maintenance, education or advancement in life, having regard to the facts known to the Court at the time.  Neill acts for estates or those who are contesting wills.  The jurisdiction for these matters is the Supreme Court.  These cases usually involve those who allege they have not been provided for properly in a will, or for those who have been left out of a will entirely.

Civil claims

Neill regularly advises and acts for people who are involved with civil disputes and he has advocated for plaintiffs or defendants in a variety of matters.  He has conducted negotiations and settlements of contractual disputes.  Neill also represents and appears with clients in formal mediations before impartial mediators and his dispute resolution experience is brought to bear from the moment instructions are received from a client until the very end of any unsettled dispute, including if necessary during Court proceedings.

Professional activities

Outside of his legal practice, Neill has broadened his experience of the law in a number of additional ways.  He has taught law subjects to students.  He was appointed a Local Court arbitrator in 2012.  Neill is also an academic marker for the NSW Police Academy at Charles Sturt University.

Neill was awarded a BSc (Honours) in Psychology by University College London in 1982.  He was awarded his LLB by UNSW in 1992.  He was admitted to practice law the same year.

In his spare time Neill is an enthusiastic beekeeper, beer brewer and motorcyclist.