23 January

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Addressing Youth Knife Crime in NSW: Legislative Responses Following the Westfield Bondi Junction Incident

in Criminal Law & Offences, New South Wales

On April 13, 2024, a tragic event unfolded at Westfield Bondi Junction when 40-year-old Joel Cauchi fatally stabbed six individuals and injured several others before being shot by police. This incident, among others, has intensified concerns regarding knife-related violence in New South Wales (NSW), particularly involving youth. In response, the NSW government has enacted legislative reforms aimed at curbing such crimes and enhancing public safety. This article examines the legislative changes, their context, and the potential penalties associated with knife-related offences. Legislative Reforms: Enhancing Police Search Powers In response to the rise in knife-related incidents, the NSW government amended the Law Enforcement (Powers...

22 January

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Comprehensive Guide to Sexual Consent Laws in New South Wales

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

Consent is the foundation of sexual offence laws in New South Wales (NSW), and aims to ensure that all sexual activities occur with the full and voluntary agreement of all parties. Recent reforms in NSW further clarify expectations around consent, highlighting the importance of explicit, ongoing communication and respect for autonomy. These updates, which came into effect in mid-2022 and continued with further refinement around early 2023, demonstrate a modern approach to consent, by parliament focusing on mutual respect, clear communication, and the need for active agreement. This article will explore NSW’s consent laws in detail, explaining what constitutes consent,...

20 January

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Section 82/84 Witness Hearing Applications

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

Requesting Cross-Examination in New South Wales Committal Hearings Under Section 82 of the Criminal Procedure Act 1986 (CPA), defendants in New South Wales have the right to request that certain witnesses attend court to give oral evidence during committal proceedings. This right, though not absolute, exists to ensure that justice is served by allowing the defendant to scrutinise witness testimony before trial. In practice, this process is intended to guarantee that all parties gain a clear and comprehensive understanding of the case, enabling a fair trial. Before a “Section 82 application” is made, the defence must first approach the prosecution, often by sending a...

18 January

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Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

The powers granted to police officers play a crucial role in maintaining public safety and enforcing the law. However, discussions surrounding the extent of police authority, particularly concerning search procedures, have highlighted the ongoing need to balance effective law enforcement with the protection of civil liberties. In New South Wales (NSW), recent debates and legal developments have focused on how police powers are exercised, the safeguards in place to ensure accountability, and the implications for both the public and law enforcement. Police Search Powers Under NSW Law The Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) provides the legal framework for police powers in NSW,...

15 January

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Crime and Cross-Border Operations: Strengthening Australia’s Borders

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

Organised crime groups often take advantage of state borders to carry out illegal activities, making things more difficult for law enforcement. To tackle this, Queensland is attempting to meeting this head-on by ex-Qld Police Union President Ian Leavers as Queensland’s first-ever Cross-Border Commissioner. This role was established to address the unique challenges faced by communities along Queensland’s borders, particularly concerning cross-border crime. This includes the borders of New South Wales and Northern Territory. Types of Cross-Border Offences Cross-border offences encompass a range of illegal activities that transcend state or national boundaries. Common examples include: Drug Trafficking: The transportation and distribution of illicit substances...

22 June

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High price to pay for trial (Gold Coast Bulletin Article)

Posted by Potts Lawyers

in Criminal Law & Offences, General Law News

Potts Lawyers, Bill Potts, instructed by Danielle Hanson, acted for Mr Teeroovengadum in the recent trial where the Australian taxpayers footed the bill to return him to the country to face charges of alleged sexual assault offences. Read more below: View the original article on the Bulletin's website....

23 December

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I have been charged with an offence in rural or regional Queensland. Can you represent me?

Posted by Potts Lawyers

in Criminal Law & Offences

Our criminal lawyers represent clients all over Queensland. In fact, a significant portion of our work is representing clients in regional and rural areas. There are over 120 Magistrates Court locations across Queensland and our criminal lawyers can appear in every one. This article will explain how we act for clients in regional and rural areas. We are extremely experienced in this area and will achieve the best possible result regardless of the court location. Some of our most common regional and rural court locations include: Toowoomba; Mount Isa; Longreach; Emerald; Townsville; Bundaberg; Dalby; Gladstone; and Roma Do I need a local lawyer? The...

09 March

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Potts Podium March 2021

Posted by Potts Lawyers

in Criminal Law & Offences

The office of the Federal Attorney General has recently approved an extradition request with India for a person of interest in relation to the ongoing murder investigation of Cairns woman, Toyah Cordingley. While this is certainly a step toward finding the killer, caution is urged to temper expectations on how this order will progress the investigation. Former President of the Queensland Law Society and criminal lawyer, Bill Potts, has warned that the extradition process is a lengthy and uncertain one. Mr Potts refers to the hit and run incident which tragically killed Dean Hofstee in Melbourne over a decade ago. That...

16 February

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Legal Costs: How much will my matter cost?

Posted by Potts Lawyers

in Firm news

Legal Costs We are regularly asked by clients for an estimate of what their case will likely cost before the client is engaged. This video with managing director Rob Franklin answers how we deal with the costs involved with your legal matter. https://youtu.be/HN0aSV_256A We'll Provide Costs Upfront Each case is individual, and costs will be discussed in our free initial consultation before the client is engaged. When it comes to costs, we are committed to being absolutely upfront with clients about what their matter is going to cost. In some cases, we're able to provide a fixed fee. In most cases, though, given the uncertainty of what...

22 December

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Ashleigh DoRozario appointed as a member of the Queensland Law Society Equity & Diversity Committee!

Posted by Potts Lawyers

in Firm news, staff news

Congratulations to Ashleigh DoRozario who is now officially appointed as a member of the Queensland Law Society Equity & Diversity Committee! Ashleigh is a litigation lawyer at Potts Lawyers. She is also legally blind. At the beginning of this year, Ashleigh made the brave decision to speak up for disability within the legal profession. She created the social media persona @BlindLadyJustice to champion equal opportunity and inclusion of people with disability, impairment or injury within our profession and wider society. From there, Ashleigh became a founding member of the QLS Diverse Abilities Network which is a growing support network of lawyers, law students,...

Addressing Youth Knife Crime in NSW: Legislative Responses Following the Westfield Bondi Junction Incident

Comprehensive Guide to Sexual Consent Laws in New South Wales

Section 82/84 Witness Hearing Applications

Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

Crime and Cross-Border Operations: Strengthening Australia’s Borders

High price to pay for trial (Gold Coast Bulletin Article)

I have been charged with an offence in rural or regional Queensland. Can you represent me?

Potts Podium March 2021

Legal Costs: How much will my matter cost?

Ashleigh DoRozario appointed as a member of the Queensland Law Society Equity & Diversity Committee!

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