03 July

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Consequences of breaching professional boundaries as a health practitioner

Introduction Every health practitioner who is registered with the Australian Health Practitioner’s Agency (‘AHPRA’) are also governed by the board of their respective profession. For example, the Psychology Board of Australia governs psychologists. Each of these boards has its own standards, including ethical standards and code of conduct requirements for health practitioners. Some bodies share the same code of conduct with each other, whilst others have their own code of conduct. A commonality with the codes of conduct across all the bodies which govern the health professions is the concept of ‘professional boundaries’. This article will provide a general overview of what happens...

26 June

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Case Study – Jurisdictional Objection to an Unfair Dismissal Case

Posted by Chris Korbel

in Litigation

We previously successfully acted for an employer who was served with an unfair dismissal application. The applicant was self-represented. In our client’s submissions we raised jurisdictional objections on the basis that: the applicant had not satisfied the minimum employment period in the context of a small business employer as required under the Fair Work Act 2009 (Cth); and our client was a small business who had complied with the Small Business Fair Dismissal Code. It was submitted in our client’s submissions that by reason of the jurisdictional objections raised, the applicant was not entitled to protection from unfair dismissal under the Fair...

19 June

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Case Study – Residential Tenancy Disputes

Posted by Chris Korbel

in Litigation

We previously successfully acted for clients who were involved in a residential tenancy dispute. The Situation Our clients were renting a luxurious property on the Gold Coast and were having communication issues with the property managers. Unfortunately, due to communication issues with the property managers, our clients decided to terminate their residential tenancy lease and vacated the property in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Our clients took steps to try to assist the property managers with finding replacement tenants, including paying for the advertising fee so that the property could be re-advertised online. Unfortunately, none of our client’s...

08 February

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Case Summary – Strike Out Application and Appeal

Posted by Chris Korbel

in General Law News

Judge sitting behind desk with hands clasked over the top of an open book

Introduction In the matter of Goldenwater & Ors v Chan & Ors, Potts Lawyers appeared for, and successfully assisted, the plaintiffs with opposing two applications brought by the defendants to a Supreme Court proceeding. Both applications were dismissed by Flanagan J. The first defendant appealed Flanagan J’s decision, and the Court of Appeal heard and dismissed that appeal. The scope of this case summary is to discuss the first application brought by the defendants, and the appeal brought by the first defendant. The Defendants’ Strike Out Application On 8 October 2020, Flanagan J heard two applications brought by the defendants in this matter. The first...

06 February

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Potential hazards of being a ‘FinFluencer’

Posted by Chris Korbel

in General Law News

Man recording a video for social media using his phone mounted on a tripod

Introduction In the current digital age, social media and the online world has made information easily accessible and disseminated. Similarly, communication between people is now literally available at people’s fingertips. As a consequence of the rise of social media and the online world, there has been influential people who are able to captivate an audience on a large scale. In particular, there is a sub-type of influencers referred to as ‘FinFluencers’ which is a colloquial reference to someone on social media or on the online world who provides financial advice, products or services generally without having the required licence. This article will outline a...

31 January

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Defamation and Serious Harm

Posted by Chris Korbel

in General Law News

Gavel on a pile of notes labelled defamataion

Introduction On 1 July 2021, the Defamation Act 2005 (QLD) (‘Act’) was amended to incorporate, among other things, a new element for the cause of action of defamation. That new element is referred to as the ‘serious harm’ element. Read our outline of the amendments to the Defamation Act which came into effect on 1 July 2021. This article will discuss case law subsequent to the amendments to the Act on 1 July 2021 which has elucidated the concept of the serious harm element in defamation dispute matters. General Advice Only This article is general in nature and should not be construed or relied upon...

24 June

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Duty to Prevent Insolvent Trading Under the Corporations Act

Posted by Chris Korbel

in Litigation

Managing cashflow in any business is critical from an operations perspective, but it is also critical from the perspective of a director of a company. There can be serious consequences if a director of company allows (whether deliberately or unknowingly) fails to prevent a company from trading insolvent or from trading in a way that will make the company insolvent. Depending on the circumstances, a breach of this duty could attract criminal or civil penalties. It's Essential to Seek Legal Advice Our firm has lawyers who specialise in civil litigation and criminal law and we pride ourselves on providing high quality services to assist...

24 June

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Duty to Disclose Material Personal Interest Under the Corporations Act

Posted by Chris Korbel

in Litigation

We understand that balancing business and personal matters can be challenging, and sometimes the lines between the two can be blurred, especially for a director of a company. People who you meet through business can easily become friends, or may be considered family and it is easy to forget about your duty as a director to disclose material personal interests. No matter what the circumstances may be, being proactive is usually better than being reactive in the context of director duties, and seeking independent legal advice early can often lead to a more favourable outcome. In any case, if allegations have been raised...

24 June

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Breach of Common Director Duties under the Corporations Act

Posted by Chris Korbel

in Litigation

Introduction Being a director or an officeholder of a company may come with many perks and financial benefits, but it also comes with risks and legal obligations. Certain officers of a company may also have the same obligations as a director of a company. Directors and secretaries have certain obligations imposed on them by the Corporations Act 2001 (‘Act’) and are referred to as ‘director duties’. There are other duties which arise under the common law and other legislation relating to employment, work health and safety, taxation and consumer protection. No matter how the duty arises, it is imperative that a person is...

22 March

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What Does Misconduct in an Official Capacity Mean Under the Public Service Act?

Posted by Chris Korbel

in Litigation, Uncategorised

When a public service employee is the subject of disciplinary action, a very common ground for disciplinary action under the Public Service Act 2008 (Qld) (‘Public Service Act’) is that the chief executive may discipline the employee if they are reasonably satisfied that the employee has been guilty of misconduct. This is often the first ground put forward by a government department or agency, and is usually followed by an alternative ground such as contravening, without reasonable excuse, a provision of the Public Service Act, or a relevant standard of conduct in a way that is sufficiently serious to warrant disciplinary...

Consequences of breaching professional boundaries as a health practitioner

Case Study – Jurisdictional Objection to an Unfair Dismissal Case

Case Study – Residential Tenancy Disputes

Case Summary – Strike Out Application and Appeal

Potential hazards of being a ‘FinFluencer’

Defamation and Serious Harm

Duty to Prevent Insolvent Trading Under the Corporations Act

Duty to Disclose Material Personal Interest Under the Corporations Act

Breach of Common Director Duties under the Corporations Act

What Does Misconduct in an Official Capacity Mean Under the Public Service Act?

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Author: Chris Korbel

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