Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Level 1/420 George St,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

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Just what is ‘Wilful damage’

Article by Michael Purcell, Senior Criminal Lawyer Have you ever wondered what someone needs to do to attract a charge of ‘Wilful damage’? Recent charges where people have spat or thrown eggs on cars, where no other damage was caused other than requiring the car to be cleaned have caused Courts concern. Recently, the High Court in Grajewski  v DPP (NSW) [2019] HCA 8 allowed an appeal and quashed the appellant's conviction and sentence for the offence of intentionally or recklessly destroying or damaging property belonging to another, contrary to s 195(1)(a) of the Crimes Act 1900 (NSW).Although the appeal is from a...

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Can I get a work licence?

Work licences, otherwise known as restricted licences or day licences, are an area of traffic law that our lawyers give advice on daily. If you are charged with certain drink driving or drug driving offences, you may be eligible for a work licence. When you are sentenced for the drink or drug driving offence, your driver’s licence will be disqualified for a period of time. There is no way to keep your licence – the court has no choice but to disqualify you from holding or obtaining a driver’s licence. If you are granted a work licence, it allows you to drive...

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Definition of Murder Changed in Queensland

On 1 May 2019 the State Government passed the Criminal Code and Other Legislation Amendment Bill 2019 which makes amendments to the definition of murder in Queensland. The legislation is the result of the Queensland Sentencing Advisory Council’s report into the sentencing statistics and issues surrounding child homicide cases in Queensland (Sentencing for Criminal Offences Arising from the Death of a Child: Final Report). The report found that offenders sentenced for adult manslaughter received jail sentences of 8.5 years on average, compared with 6.8 years for child manslaughter. The Bill, which amends the Criminal Code 1899, Evidence Act 1977 and the Penalties...

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Visa Cancellations and Criminal Convictions – How does a criminal conviction affect my visa status?

The topical question of how a criminal conviction affects our client’s visa is a regular and common question for our team at Potts Lawyers. As in most areas of law, the answer will always depend on your individual circumstance and factors that are given weight by the courts. If your criminal matter has migration aspects, our Criminal team will refer your matter to our in-house registered migration agent to ensure your matter is promptly addressed. If you have received a Notice of Cancellation you are an unlawful non-citizen and should urgently seek legal advice. If you have received a Notice of...

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GAME OF DEBTS – How do I recover money owed to me?

In our modern age debt recovery is not only a common occurrence where disputes arise between parties, but as some Game of Thrones zealots may argue, brings shame and flagrant disrespect to the Lannister household and its family mantra that Tyrion Lannister is well known for: ‘A Lannister always pays his debts’. Unfortunately, not everyone in today’s society shares or honours the Lannister’s sentiments and disputes can arise from seemingly small amounts to an incredibly large sum of monies. What is Debt Recovery and what is the First Course of Action? Before we explore what happens in Debt Recovery, it is prudent to provide...

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An Overview of the Human Rights Act 2019: The rights you probably didn’t know you have

On February 27, 2019 Queensland Parliament passed the Human Rights Bill 2018.  The Human Rights Bill 2018 introduces the Human Rights Act 2019 (the Act) into Queensland legislation.  Some provisions of the Act are due to operate from 1 July 2019 with the remaining provisions due to operate on 1 January 2020. Queensland is the third state or territory to enact human rights legislation after Victoria and Australian Capital Territory. This monumental occasion affords greater protection for Queenslanders as a whole, but particularly certain disadvantaged Queenslanders who previously did not have access to much needed protection. The Bill will protect a total...

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Domestic Violence Proceedings – Costs on Appeal

Article by Adam Moschella, Criminal Lawyer at Potts Lawyers   Given the prevalence of applications for protection orders being filed and heard by the Magistrates Court parties can sometimes be put to unnecessary expense responding to said applications, especially where those applications are then appealed to the District Court. With most being justified applications by those genuinely requiring protection, some applicants seek orders with the intention of using the order against the responding party to, for example gain an unfair advantage against a party in family law proceedings. 1. Can costs be awarded in domestic violence proceedings? Traditionally, where applications for protection orders are heard...

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THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT (BUT PROBABLY DON’T)

Article by Danielle Warren, Criminal Lawyer   Kids across Queensland are well and truly back to school for the year.  In this article, we have outlined the laws surrounding the safety and protocol parents of children in Queensland should be aware of, particularly: leaving your children unattended; how kids are to travel in cars; and disciplining your child (particularly smacking). Leaving children unattended We suspect that most parents are unaware that to leave your child unattended and without supervision can be a criminal offence. It is a controversial topic that has received a lot of attention in the media and amongst parents across Queensland.  There was...

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Did you know that you could get done drink driving on an electric scooter?

Article by Erin Mitchell, Senior Criminal Lawyer On Saturday 13 January 2019, a man in his 40s was intercepted by Police in Brisbane riding one of those new green electric scooters that you see parked around the Brisbane CBD. It is alleged the man was riding the scooter without a helmet and proceeded through a red light without stopping. When Police intercepted him, they breathalysed him and he returned a reading of 0.174% blood alcohol concentration (BAC). The man was charged with driving under the influence – a high range drink driving offence, given the reading was over 0.15% BAC. Can this be correct? Can...

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Bill Potts Interview with ABC on Magistrates’ Court Backlog

Our Founding Director and President of the Queensland Law Society, Bill Potts, was interviewed by ABC's Rebecca Levingston in relation to the current backlog of cases in Queensland's Magistrates' Court. Click below to listen to the extract. [audio mp3="https://pottslawyers.com.au/wp-content/uploads/2019/01/Bill-ABC-Interview.mp3"][/audio] The full radio show "Mornings with Rebecca Levingston" for Thursday 24 January 2019 is available here: https://www.abc.net.au/radio/brisbane/programs/focus/mornings/10724970    ...

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