On 9 February 2026, violent clashes erupted between NSW Police and protesters opposing Israeli President Isaac Herzog’s visit to Sydney. Allegations of police brutality and excessive use of force have since emerged, raising important legal questions about intentional torts such as assault, battery, and false imprisonment.
Intentional torts occur when a person unlawfully interferes with another’s basic interests. Assault involves creating a reasonable apprehension of imminent harmful or offensive contact. Notably, physical contact is not required; the mere threat of contact suffices. Battery, on the other hand, involves intentional and unlawful physical contact without consent. For example, if a protester was struck by police without justification, this could constitute battery. The tort of battery protects individuals’ bodily integrity, as recognised in Williams v Milotin (1957) 97 CLR 465 at 474.
False imprisonment arises when a person is unlawfully restrained within a bounded area without legal authority or consent. Protesters alleging that they were detained without cause may have grounds to pursue this claim.
Defences such as self-defence or lawful authority may be raised by police. However, the force used by Police must be reasonable proportionate to the threat posed.
Claims for compensation arising from the events of 9 February 2026 are likely to raise, for the first time, questions about the extent to which the NSW Government’s declaration of the Israeli President’s visit as a ‘major event’ under the Major Events Act 2009 – an Act which modifies the liability of Police in certain claims for compensation – protects the Police from liability for intentional torts.
The unfolding events highlight the delicate balance between maintaining public order and respecting individuals’ legal rights.
Hugo Law Group will provide advice in assessing the merits of the case, potential defences, and the likelihood of success and compensation. Hugo Law Group will assist those that have been wronged in maximising compensation and ensuring justice. Call us on 02 9696 1361 to speak to one of our lawyers.
