18 February

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Why Lawyers in QLD Cannot Advertise Personal Injury Claims

Did you know that lawyers and law firms in Queensland cannot advertise their services relating to making a personal injury claim? Despite the legislative restrictions, many lawyers and law firms ignore the limitations and advertise their personal injury services anyway. Not us though. While we do provide personal injury services, we understand our legislative and ethical obligations to refrain from advertising personal injury claims. In this article, we will explore why personal injury lawyers cannot advertise their claims services, how these restrictions aim to protect both clients and the integrity of the legal profession, and what clients can do if they need help...

11 February

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Understanding Australia’s Bridging Visa System

Posted by Hannah Hill

in Immigration

This article explains the concept of Bridging Visa’s in Australia, how they work, the different types, and when you might need one. What are Bridging Visa’s? Bridging Visas are temporary Visas granted to applicants that are waiting for an outcome for a substantive visa application. As the term suggests they act as a bridge from one visa to the next. Bridging Visas are very important as they allow non-citizens to remain in Australia lawfully until a decision is made on their substantive visa application. There are five Bridging Visas, all of which have different purposes and different criteria. It is important to...

23 January

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Addressing Youth Knife Crime in NSW: Legislative Responses Following the Westfield Bondi Junction Incident

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

On April 13, 2024, a tragic event unfolded at Westfield Bondi Junction when 40-year-old Joel Cauchi fatally stabbed six individuals and injured several others before being shot by police. This incident, among others, has intensified concerns regarding knife-related violence in New South Wales (NSW), particularly involving youth. In response, the NSW government has enacted legislative reforms aimed at curbing such crimes and enhancing public safety. This article examines the legislative changes, their context, and the potential penalties associated with knife-related offences. Legislative Reforms: Enhancing Police Search Powers In response to the rise in knife-related incidents, the NSW government amended the Law Enforcement (Powers...

22 January

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Comprehensive Guide to Sexual Consent Laws in New South Wales

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

Consent is the foundation of sexual offence laws in New South Wales (NSW), and aims to ensure that all sexual activities occur with the full and voluntary agreement of all parties. Recent reforms in NSW further clarify expectations around consent, highlighting the importance of explicit, ongoing communication and respect for autonomy. These updates, which came into effect in mid-2022 and continued with further refinement around early 2023, demonstrate a modern approach to consent, by parliament focusing on mutual respect, clear communication, and the need for active agreement. This article will explore NSW’s consent laws in detail, explaining what constitutes consent,...

20 January

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Section 82/84 Witness Hearing Applications

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

Requesting Cross-Examination in New South Wales Committal Hearings Under Section 82 of the Criminal Procedure Act 1986 (CPA), defendants in New South Wales have the right to request that certain witnesses attend court to give oral evidence during committal proceedings. This right, though not absolute, exists to ensure that justice is served by allowing the defendant to scrutinise witness testimony before trial. In practice, this process is intended to guarantee that all parties gain a clear and comprehensive understanding of the case, enabling a fair trial. Before a “Section 82 application” is made, the defence must first approach the prosecution, often by sending a...

18 January

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Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

The powers granted to police officers play a crucial role in maintaining public safety and enforcing the law. However, discussions surrounding the extent of police authority, particularly concerning search procedures, have highlighted the ongoing need to balance effective law enforcement with the protection of civil liberties. In New South Wales (NSW), recent debates and legal developments have focused on how police powers are exercised, the safeguards in place to ensure accountability, and the implications for both the public and law enforcement. Police Search Powers Under NSW Law The Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) provides the legal framework for police powers in NSW,...

15 January

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Crime and Cross-Border Operations: Strengthening Australia’s Borders

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

Organised crime groups often take advantage of state borders to carry out illegal activities, making things more difficult for law enforcement. To tackle this, Queensland is attempting to meeting this head-on by ex-Qld Police Union President Ian Leavers as Queensland’s first-ever Cross-Border Commissioner. This role was established to address the unique challenges faced by communities along Queensland’s borders, particularly concerning cross-border crime. This includes the borders of New South Wales and Northern Territory. Types of Cross-Border Offences Cross-border offences encompass a range of illegal activities that transcend state or national boundaries. Common examples include: Drug Trafficking: The transportation and distribution of illicit substances...

07 January

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Licence Disqualifications: Getting Back on the Road Sooner

Posted by Sabine Keenan

in Traffic Law

Have you been disqualified from holding or obtaining a Queensland driver's licence? Are you suffering extreme hardship as a result of your disqualification? Well, depending on the amount of time you have already spent off the road, and the type of hardship you are suffering, you may be able to apply to the courts to have your disqualification period reduced or removed entirely. Licence Disqualifications, Suspensions and Cancellations – What’s the Difference? If you have lost your licence, it may not be immediately clear why you have, and which government body (Transport, the Police or the Court) is, or will be, imposing...

20 December

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Small Voices, Big Protection: Police Interviews of a Child

Posted by Colleen Battersby

in Criminal Law & Offences

Picture this: You’re 16 years old, you’re out with your friends and you receive a call from a No Caller ID. You answer the phone and it’s the police on the other end. They tell you that they want to speak with you in relation to a suspected criminal offence. Perhaps you had a few drinks with your friends one night and got into a fight – the police may be investigating an assault offence. Or perhaps you engaged in sexual activity with someone, and that person has gone to the police to make a formal complaint of sexual assault...

10 September

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Dealing with Allegations of Sexual Assault & Misconduct

Posted by Andrew Hanlon

in Criminal Law & Offences

Sexual offences are some of the most common charges dealt with by the criminal courts in Queensland. A number of recent high-profile cases from around the country have highlighted some of the difficulties that can arise in attempting to defend charges of this nature. If you find yourself the subject of allegations of unlawful sexual conduct the steps you take, or don’t take, early on – even before you’ve received any contact from the police – can make a huge difference to the outcome of your matter. The following are some key pieces of general advice for anyone who has reason to...

Why Lawyers in QLD Cannot Advertise Personal Injury Claims

Understanding Australia’s Bridging Visa System

Addressing Youth Knife Crime in NSW: Legislative Responses Following the Westfield Bondi Junction Incident

Comprehensive Guide to Sexual Consent Laws in New South Wales

Section 82/84 Witness Hearing Applications

Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

Crime and Cross-Border Operations: Strengthening Australia’s Borders

Licence Disqualifications: Getting Back on the Road Sooner

Small Voices, Big Protection: Police Interviews of a Child

Dealing with Allegations of Sexual Assault & Misconduct

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