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Author: Genevieve Bowen

Potts Lawyers > Articles posted by Genevieve Bowen

The Inappropriate Forum Test: Does the Court have Appropriate Jurisdiction to Hear my Matter?

This article explores the Queensland Supreme Court’s discretion under rule 127 (2)(b) of the Uniform Civil Procedure Rules 1999 (Qld) to dismiss a case in matters where the court is an inappropriate forum or trial of the proceeding. This article will delve into cases and commentary around rule 127 (2)(b) and additionally the common law doctrine of forum non conveniens (Latin for ‘inconvenient/inappropriate forum’) and the Australian tests used to determine whether a court should assume jurisdiction.   Instituting Proceedings in the Supreme Court To commence civil proceedings the plaintiff must institute proceedings against the defendant, by way of complying with the relevant sections...

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Neighbourhood Disputes

  Options Available It is important to be aware of how to correctly handle neighbourhood disputes, ensuring that you are pursuing matters in the correct forum, for example, is the matter best suited for QCAT or the Magistrates Court, or should a mediation be facilitated between parties. It’s important to understand the options available to you, through seeking appropriate legal advice that is specific to your matter.   Queensland Civil and Administrative Tribunal (QCAT) Common neighbourhood disputes involve disagreements over dividing fences or trees on adjoining residential property. QCAT can decide and review decisions relating to these matters. For tree disputes, QCAT can make decisions on recovering...

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Recent Updates in Queensland Defamation Law

The 1st of July 2021 saw amendments to the Defamation Act 2005 (Qld) (‘the Act’) take effect, keeping Queensland in line with New South Wales, Victoria and South Australia. A single publication rule for publications pertaining to the same defamation matter A serious harm threshold that must be established The mandatory requirement of a concerns notice A scientific or academic peer review defence, and a public interest defence Greater detail on the cap on damages for non-economic loss Important Considerations for Potential Plaintiffs Single Publication Rule If you believe you have an action at defamation it is important that you note the strict...

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Recent Updates in Queensland Defamation Law

The 1st of July 2021 saw amendments to the Defamation Act 2005 (Qld) (‘the Act’) take effect, keeping Queensland in line with New South Wales, Victoria and South Australia. A single publication rule for publications pertaining to the same defamation matter A serious harm threshold that must be established The mandatory requirement of a concerns notice A scientific or academic peer review defence, and a public interest defence Greater detail on the cap on damages for non-economic loss Important Considerations for Potential Plaintiffs Single Publication Rule: If you believe you have an action at defamation it is important that you note the strict...

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Can Employers Implement Mandatory Vaccinations?

We are no strangers to the ethical complexities that arise when managing competing duties, rights, and interests. Unfortunately, amid a global pandemic, we see many Australian employers and employees across all professions struggling with this challenge. How different workplaces choose to adapt to living with COVID-19 will be on a case-by-case basis. On a global scale we have seen a major rise in mandatory vaccinations, resulting in job losses and restraints on access to specific venues and businesses for those who have not been vaccinated. This article explores the circumstances where mandatory COVID-19 vaccination may be lawful and reasonable, the rights and...

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Guardianship and Administration Matters

A loved one has impaired capacity and did not make an Enduring Power of Attorney. Can I make personal or financial decisions on their behalf? Unfortunately, life can take unexpected turns at any moment, and we are not always prepared for what is to come. A person can lose their capacity suddenly, through accident or illness, leaving them unable to formally decide on who can make personal or financial decisions on their behalf. If you are worried that an adult person in your life has lost their capacity to make important decisions, and the person does not have a formal legal instrument...

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NDIS Quality and Safeguards Commission – Banning Orders

This article explains the mechanisms by which NDIS service providers and their employees might be prohibited from providing NDIS supports and services, or their provision of NDIS supports or services might be restricted. For example, a banning order may be made against an individual on the ground that he or she is believed not to be suitable to provide supports or services to people with disability because of a criminal conviction or misconduct. The banning might apply to specified activities and for specified time periods. The National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission (‘the Commissioner’) was founded on the 13th...

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