Court of Appeal overturns $800k compo payout to injured ‘Invasion Day’ spectator Laura Cullen

Laura Cullen was awarded $800,000 in damages in 2023 after a court found her injuries in the 2017 rally were caused by police negligence. But the state’s highest civil court has overturned the decision.

Police clash with protesters during the Invasion Day Rally in Sydney in 2017. Picture: Justin Lloyd

A bystander who was knocked to the ground by police during a violent “Invasion Day” rally has been stripped of her $800,000 compensation payment in a case that divided judges in the state’s highest civil court.

Irish national Laura Cullen was seriously injured on January 26, 2017, when she was knocked over by a leading senior constable as he attempted to arrest a protester in the crowd, who was later identified as left-wing activist and former Greens employee Hayden Williams.

Ms Cullen developed retrograde amnesia after her head struck the ground, leaving her with no memory of the incident.

She successfully sued the state for negligence, and in 2023 was awarded $800,000 in damages, plus legal costs, after a Supreme Court judge found the officer involved had breached his duty of care.

However, the Court of Appeal overturned the decision in December, stripping Ms Cullen of the payout, (payment of which was stayed when the appeal was lodged) and ordering her to repay $103,000 in legal costs to the state.

A woman, believed to be Ms Cullen, lays injured on the ground during the Invasion Day rally in 2017. Picture: Ian Paterson

Police clash with protesters during the 2017 rally. Picture: Justin Lloyd

According to court documents, the estimated 5000-strong crowd was marching along Broadway in protest of Australia Day when police saw one of the demonstrators, Birrugan Dunn-Velasco, draw a group of people around him and prepare to light an Australian flag on fire.

Specialist officers pushed through the crowd and deployed a fire extinguisher before any flame could ignite.

The court heard Williams saw a female police officer filming the unfolding incident with a handheld camera and struck her on the arm, knocking the camera out of her hand.

Leading Senior Constable Damian Livermore witnessed Williams’ actions and attempted to arrest him.

The pair got into a scuffle and both tumbled to the ground, knocking over Ms Cullen as they fell.

Hayden Reece Williams after his arrest in 2017. Picture: Jeremy Piper

Hayden Williams pictured when he worked for the Greens.

Williams was charged with assaulting a police officer and later found guilty at a criminal hearing. He was released on a good behaviour bond without conviction.

Ms Cullen’s civil case against the state centred on claims the specialist officers and Const Livermore had been negligent in their actions that day and breached their duty of care towards her as a rally spectator.

Acting Justice Michael Elkaim ruled in favour of Ms Cullen following a week-long trial in the NSW Supreme Court, finding the police intervention in the fire incident was “reckless and out of proportion” to the danger posed.

He said their actions had caused a “domino effect” that culminated in Ms Cullen being injured and awarded her $800,000 in damages, plus legal costs.

Lawyers for the state appealed the judgment but the case divided the Court of Appeal, with the three-judge panel split on its final decision to overturn Justice Elkaim’s orders and the hefty compensation payment to Ms Cullen.

Protesters during the Invasion Day Rally in Sydney in 2017. Picture: Justin Lloyd

In a majority decision, the court concluded Justice Elkaim had been wrong in finding the specialist officers and Const Livermore had breached their duty of care towards Ms Cullen.

They found Const Livermore was “undertaking a lawful arrest” of Williams at the time, and was “entitled to use such force as was reasonably necessary to make the arrest”.

“It was not argued that he could or should have tried to check around him as he was wrestling with Williams to ensure he was not about to bump into anyone,” the published CCA judgment read.

“We consider Const Livermore, in lawfully exercising his power to arrest Williams, could not possibly have prevented the impact with (Ms Cullen) by the exercise of ordinary care and caution — his actions were utterly without fault.”

As part of the appeal decision, Ms Cullen was ordered to return $103,000 in legal costs already paid to her. She will also be required to pay the state’s legal fees for the Court of Appeal hearing.

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