06 September

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FAQs for Domestic Violence Matters

The laws surrounding domestic violence have changed significantly in the last decade. Over five years [1], there were on average nearly 30,000 applications for domestic violence filed each year.[2] In this series of information, our experienced domestic violence lawyers will answer some frequently asked questions concerning domestic violence laws in Queensland. What proof is required in domestic violence proceedings? When they wrote the laws about domestic violence, they were very mindful that most things happen behind closed doors. Usually, there are no witnesses to domestic violence. As such, the Court does not require there to be photos or videos of what happened...

16 August

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FAQs for Domestic Violence Matters

Posted by Erin Mitchell

in Criminal Law & Offences, Domestic Violence

The laws surrounding domestic violence have changed significantly in the last decade. An average of 30,000 domestic violence applications [1] were lodged each year from July 2018 to June 2023 [2]. In this series of blogs, we will answer some frequently asked questions with respect to domestic violence laws in Queensland. FAQs for Domestic Violence Matters - PART TWO My ex took out a DVO against me and I want to engage lawyers to assist me. Can I get any of my legal costs back if I win? The costs provisions of the Domestic and Family Violence Protection Act were amended in August 2023 to...

30 July

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FAQs for Domestic Violence Matters

Posted by Erin Mitchell

in Domestic Violence, Uncategorised

The laws surrounding domestic violence have changed significantly in the last decade. Over a five year period[1], there was on average, nearly 30,000 applications for a domestic violence filed each year.[2] In this series of blogs, we will answer some frequently asked questions with respect to domestic violence laws in Queensland. Part 1 What is domestic violence? The meaning of "domestic violence" is very broad. It occurs when two people are in a "relevant relationship" and involves behaviour that: is physically or sexually abusive; is emotionally or psychologically abusive; is economically abusive; is threatening; is coercive; or in any other way controls or dominates...

18 April

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Alternative Resolutions for Adult Offenders

Posted by Erin Mitchell

in Criminal Law & Offences

Whilst the majority of criminal charges are dealt with through the traditional criminal court system, there are occasions where we can resolve proceedings outside of the courts. The decision to refer a matter to an alternative resolution can be made before a person is charged, but can also be considered by the Prosecution after court proceedings have been commenced. The duty of the Police to consider all options Once a police officer has: investigated a complaint; decided that an offence has been committed; confirmed that they can prove the elements of the offence; and they have determined who committed the offence, they must...

13 November

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The Queensland Intermediary Scheme (QIS)

Posted by Erin Mitchell

in Criminal Law & Offences

What is the Queensland Intermediary Scheme? The Queensland Intermediary Scheme (also known as QIS) is a pilot program currently operating in the Brisbane and Cairns courthouses. Following the Royal Commission into Institutional Responses to Child Sexual Abuse, the QIS was implemented as a two-year pilot program, but is anticipated to be extended. The Scheme is designed to support individuals with cognitive disabilities, such as intellectual impairments or autism, when they are involved in the criminal justice system. The scheme provides trained intermediaries who assist these individuals in communicating effectively with the police, legal professionals, and the courts. These intermediaries ensure that...

02 October

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I’ve never been in any trouble before, but I have just been charged with a criminal offence. What are 5 things I need to know?

Posted by Erin Mitchell

in Criminal Law & Offences

It can be very daunting the first time you are charged with an offence. We appreciate that when you have never been through the process before, there are probably a thousand and one questions going through your head, that you are stressed and need some guidance. Our lawyers are here to help you. In the meantime, we have answered five of the most common questions below. 1. Should I give a police interview (also known as a record of interview)? If a person has the opportunity to call a lawyer before they speak to Police or participate in a record of interview, they may...

18 February

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What is a QP9?

Posted by Erin Mitchell

in General Law News, Uncategorised

By Erin Mitchell What is a QP9, where do I get it from and what do I do if it contains incorrect information? What is a QP9? A QP9 (also known as a Court Brief) is a document prepared by the Queensland Police Prosecutions when a person is charged with an offence. It outlines the exact charge/s against you and a summary of the alleged facts of the offence. It is also usually accompanied by a copy of your criminal and/or traffic history. It can contain other important information such as a summary of what other evidence might exist (eg. CCTV footage);...

06 May

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Over $2 million worth of Covid-19 fines issued in Queensland!

Posted by Erin Mitchell

in Corona Virus Laws

On Saturday 2 May, Queensland’s Home Confinement, Movement and Gathering Direction was amended to ease the restrictions on staying home. The main amendment being that people are now allowed to leave their home for recreation within a 50 kilometre radius of the person’s principal place of residence. “Recreation” has been defined to mean an activity engaged in for pleasure or for mental health benefits, including: motorcycle riding, jet skiing, boating and other forms of personalised transport; driving a motor vehicle, including for a learner driver to accumulate driving hours to comply with logbook requirements for the learner driver’s practical driving test, but...

05 April

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— Queensland’s COVID-19 home confinement restrictions

Posted by Erin Mitchell

in Corona Virus Laws

31 January

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

Posted by Erin Mitchell

in Criminal Law & Offences

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...

FAQs for Domestic Violence Matters

FAQs for Domestic Violence Matters

FAQs for Domestic Violence Matters

Alternative Resolutions for Adult Offenders

The Queensland Intermediary Scheme (QIS)

I’ve never been in any trouble before, but I have just been charged with a criminal offence. What are 5 things I need to know?

What is a QP9?

Over $2 million worth of Covid-19 fines issued in Queensland!

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

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Author: Erin Mitchell

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