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Author: Chris Korbel

Potts Lawyers > Articles posted by Chris Korbel

Medical Negligence and Vicarious Liability: Holding the State of Queensland Accountable

Masson v State of Queensland [2019] QCA 80 Losing a loved family member or friend or seeing them in a seriously disabled condition is devastating and can have long term psychological and financial repercussions. In cases where a person has died or suffered unnecessarily as a result of another person’s negligence, there is a possibility that significant compensation may flow from that event. Of course, money cannot take away the pain but it can help ease the financial and other burdens which can ruin the lives of surviving family members and friends. In some cases, there might be a perceived need to ensure...

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Fair Work Commission General Protection Provisions

Introduction The general protections provisions under the Fair Work Act 2009 (Cth) (the Act) afford certain persons protection from prohibited conduct which would otherwise place an aggrieved person in a disadvantaged position. Breaches of these provisions primarily go before the Fair Work Commission and can resolve early on at a conciliation conference or may proceed all the way to a hearing. The Fair Work Commission provides a cheaper and quicker mechanism for parties to resolve their dispute which may relate to a dismissal or a non-dismissal issue. Alternatively, and in some rare cases, it may be appropriate for a breach of a general...

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Public Interest Criterion 4020: Lessons from Wehbe v Minister for Home Affairs

In the High Court matter of Wehbe v Minister for Home Affairs [2018] HCA 50 the court upheld the delegate of the Minister’s decision to refuse a visa applicant on the basis of a bogus document pursuant to the Migration Regulations 1994 (Cth) (‘the Regulations’) Schedule 4 Public Interest Criterion 4020. There are important lessons from Wehbe for visa applicants who are required to satisfy Public Interest Criterion 4020. We provide some equally important key takeaways of this case further below. In our article Everything you need to know about public interest criterion 4020 we discussed the requirements of Public Interest Criterion...

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Costs in Civil Litigation

The commencement of litigation is generally viewed as the ‘last resort’ in a dispute and connotations which are implicitly conveyed often flow to the other party which are analogous to a UFC match when the contenders enter the octagon and the announcer says: it’s…time… While it can be viewed as the only remaining option, in most civil matters where parties are represented, the matter will not go forward to a full trial in the courts. Most parties will reach a settlement which can be achieved by numerous means and is often in the best interests of everyone involved, and may also...

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Appealing a Visa Refusal or Visa Cancellation – Merits Review and Judicial Review

A person’s visa may be refused or cancelled under various grounds pursuant to the Migration Act 1958 (Cth) (the Act).  Depending on the person’s circumstance and whether the person’s visa refusal or visa cancellation was valid or not, there may be a right to appeal the decision. Generally, among other things, a valid Notice of Refusal of Application or Notice or Cancellation will state whether the application for a visa is a reviewable decision or not, and will usually specify a strict time period if the decision can be appealed. To ascertain whether the respective notice is valid and/or whether the decision...

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Removal or Deportation from Australia: A Civil and Criminal Overlap

The commonality between whether a person is removed or deported from Australia is that in both cases they are forcibly removed from Australia. There are important distinctions and applications between the two mechanisms available to the Minister and the Department of Home Affairs. In short, removal is an automated process when an unlawful non-citizen is held in immigration detention and has failed to satisfy strict statutory requirements. Deportation requires a specific deportation order to be made against an Australian permanent resident pursuant to the Migration Act 1958 (Cth) (the Act) In either case, a person will usually be interviewed prior to being removed...

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Criminal Proceeds Confiscation and When the Proceeding will be Stayed

Criminal Proceeds Confiscation and When the Proceeding will be Stayed The Criminal Proceeds Confiscation Act 2002 (Qld) (‘the Act’) applies when the State of Queensland confiscates the proceeds of crime and property connected to persons convicted of particular serious drug offences. Section 8 of the Act states that proceedings under the Act are civil proceedings and not criminal proceedings, which, among other things, means that: Questions of fact must be decided on the ‘balance of probabilities’ and not the criminal and rigorous requirement of ‘beyond a reasonable doubt’; and The rules of evidence only apply to the extent that they do in...

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Everything you need to know about Public Interest Criterion 4020

Has your Visa been refused under Public Interest Criterion 4020 Notice? Here’s What You Need to Know The occurrence of fraud or accidental provision of fraudulent documents across the visa applications process poses a high risk for not only the Department of Home Affairs but also for society at large. The concerns of the Department seem to stem from a real risk of visa applicants who fraudulently misuse their visa to facilitate illegal and heinous acts, including people smuggling, human trafficking, drug trafficking or terrorist operations. While these are justified and compelling policy factors, which are in the public’s interest, the vast...

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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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