Potts Lawyers, Author at Potts Lawyers

13 February

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Speeding Offences in Queensland: How to Dispute a Speeding Fine and Protect Your Licence

Speeding Offences in Queensland: What You Need to Know Getting a speeding fine can instantly turn a good day into a stressful one. Many Queensland drivers only discover they were allegedly speeding when a notice arrives in the mail, often with demerit points and significant penalties attached. If you are trying to dispute a speeding fine in Queensland, it is important to understand your legal options early. Speeding offences are among the most common traffic charges in Queensland. However, that does not mean every infringement is automatically correct. In some cases, drivers may have valid grounds to dispute a speeding fine in Queensland,...

14 November

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Character References: The Good, the Bad and the Ugly

Posted by Potts Lawyers

in Criminal Law & Offences

If you intend to plead guilty to a criminal charge, your lawyer may suggest you gather character references to provide to the judge or magistrate before sentencing. But not all character references are created equal. Some can help your case, while others might do more harm than good. Here's what to consider. Authenticity Matters The key to a strong character reference is authenticity. Judges and magistrates read hundreds of references every year. It doesn't take them long to spot when someone is simply telling the court what they think it wants to hear. The best character references are honest and don’t shy away from the truth....

23 January

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

Posted by Potts Lawyers

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...

25 May

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Workplace Health and Safety Queensland Investigations – What you need to know

Posted by Potts Lawyers

in Litigation

Introduction The Workplace Health and Safety Queensland (‘WHSQ’) is the regulator in Queensland responsible for monitoring compliance with the Work Health and Safety laws, including the Work Health and Safety Act 2011 (Qld) (the ‘Act’) and conducting investigations into incidents that occur at workplaces in Queensland. After an incident occurs at a workplace, particularly an incident involving death, serious injury or illness or certain kinds of danger, there is a strong possibility that WHSQ will conduct an investigation at the workplace. The WHSQ appoint inspectors who have wide range of powers to conduct an investigation, ranging from making an unannounced visit at a...

11 February

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The Risks Inherent to Litigation, and How to Avoid Protracted Litigious Proceedings

Posted by Potts Lawyers

in Litigation, Uncategorised

What is Litigation? Litigation is the process of resolving legal disputes through the court system. Litigation can be initiated by either an individual or a corporation and involves the parties presenting their cases in a formal legal proceeding. Litigation typically involves the preparation of pleadings, the discovery of evidence, motion practice, and the presentation of evidence in court. The ultimate goal of litigation is to resolve the dispute and to obtain a judgment or verdict that is legally binding on the parties. Litigation can be a complex, time-consuming, and expensive process, and it is often advisable to consider alternative dispute resolution methods, such...

03 February

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Workplace Investigations for Serious Misconduct

Posted by Potts Lawyers

in Litigation

Workplace Investigations Generally A workplace investigation for misconduct refers to a process where an employer or an appointed third party investigates allegations of improper, unethical, or illegal behaviour by an employee in the workplace. The purpose of the investigation is to determine whether the misconduct took place, the extent of the misconduct, and who was responsible. This information is then used to make informed decisions about appropriate disciplinary action or other remedial measures. The alleged misconduct being investigated can range from harassment, discrimination, theft, fraud, and other forms of unethical behaviour. Misconduct can also involve allegations of failing to abide by the employer’s internal...

Speeding Offences in Queensland: How to Dispute a Speeding Fine and Protect Your Licence

Character References: The Good, the Bad and the Ugly

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

Workplace Health and Safety Queensland Investigations – What you need to know

The Risks Inherent to Litigation, and How to Avoid Protracted Litigious Proceedings

Workplace Investigations for Serious Misconduct

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