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Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
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Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

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Author: Potts Lawyers

Potts Lawyers > Articles posted by Potts Lawyers

The definition of murder has been expanded – but is this a step too far?

Before the 1 May 2019, a person could only be convicted of murder in Queensland if it could be shown that the person intended to kill or cause grievous bodily harm to a person. Following the recent passing of the Criminal Code and Other Legislation Amendment Bill 2019 on 1 May 2019, the definition of murder has since been expanded to include death caused by an act done or omission made with reckless indifference to human life. The new definition essentially means that if a person foresees death as a probable consequence of their actions, even though it was not their intention...

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Why you need a lawyer whether your matter is big or small

  Sufficiency of evidence and public interest factors: Why you need a lawyer…………… whether your matter is big or small!                            Two matters on my desk were finalised in the past week and they gave me cause to think about just how important it is to have sound legal advice and representation, whether your matter is a minor charge or a serious one. The ramifications for both sorts of charges can be extremely damaging and long lasting. In the first matter, I had been sitting in the traffic court when a colleague from a court assistance program asked me if I could help out...

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Just what is ‘Wilful damage’

Article by Michael Purcell, Senior Criminal Lawyer Have you ever wondered what someone needs to do to attract a charge of ‘Wilful damage’? Recent charges where people have spat or thrown eggs on cars, where no other damage was caused other than requiring the car to be cleaned have caused Courts concern. Recently, the High Court in Grajewski  v DPP (NSW) [2019] HCA 8 allowed an appeal and quashed the appellant's conviction and sentence for the offence of intentionally or recklessly destroying or damaging property belonging to another, contrary to s 195(1)(a) of the Crimes Act 1900 (NSW).Although the appeal is from a...

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Can I get a work licence?

Work licences, otherwise known as restricted licences or day licences, are an area of traffic law that our lawyers give advice on daily. If you are charged with certain drink driving or drug driving offences, you may be eligible for a work licence. When you are sentenced for the drink or drug driving offence, your driver’s licence will be disqualified for a period of time. There is no way to keep your licence – the court has no choice but to disqualify you from holding or obtaining a driver’s licence. If you are granted a work licence, it allows you to drive...

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Bill Potts Interview with ABC on Magistrates’ Court Backlog

Our Founding Director and President of the Queensland Law Society, Bill Potts, was interviewed by ABC's Rebecca Levingston in relation to the current backlog of cases in Queensland's Magistrates' Court. Click below to listen to the extract. [audio mp3="https://pottslawyers.com.au/wp-content/uploads/2019/01/Bill-ABC-Interview.mp3"][/audio] The full radio show "Mornings with Rebecca Levingston" for Thursday 24 January 2019 is available here: https://www.abc.net.au/radio/brisbane/programs/focus/mornings/10724970    ...

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I am a real estate agent, auctioneer, letting agent, on-site body corporate manager or aspiring real estate agent charged with a criminal offence. What are the consequences and do I have to disclose this?

Article by Craig DoRozario Who does this apply to? In Queensland, all practising real estate agents, auctioneers and resident letting agents (eg most on-site managers for bodies corporate) must hold relevant licences and comply with the rules set out under the Property Occupations Act 2014 (Qld) (“the Act”). Real estate agents in Northern New South Wales and other parts of Australia are not subject to this Act, however similar legislation may exist in other states and territories. While we are able to assist real estate agents outside of Queensland, this article applies only to those who are currently practising, or wish to...

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Queensland Courts now text defendants to remind them of their court date

  Do you struggle to remember your court date? Read on! After a successful trial in Mackay in 2018, the Queensland Courts will now send SMS messages to adult defendants on bail to remind them of the date and time for their next court appearance. This SMS reminder service will be available to all adult offenders (18 years and over) who have been granted bail by the Magistrates Court or police watchhouse, and who have supplied a mobile phone number to the court house. This service will start across Queensland from 7 December 2018. The reminders will be sent to the defendant one business...

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Erin Mitchell and Danielle Warren’s Instagram Page: Lady Crim Lawyers

Two of our senior criminal lawyers, Erin Mitchell and Danielle Warren have been hard at work building and updating their Instagram page over the past few months. You can see Danielle discussing a drug driving charge here, and Erin discussing an assault charge here. The page is available with the handle @lady.crim.lawyers or by clicking here. https://www.instagram.com/p/BqmlzdHFpkL https://www.instagram.com/p/BqUkm9dFvWi...

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Tax Offences

  Paid your Tax? ATO on the blitz! Corporate Director imprisoned for 14 years for tax fraud On the 1st July 2015 a special prosecutions taskforce was established to deal with the increasing number of cases of tax fraud “Serious Financial Crime Taskforce” (SFCT). Up until then most tax related fraud was investigated by the ATO in conjunction with the Federal Police and in some cases the CDPP – (Commonwealth Director of Public Prosecutions) Since the establishment of the SFCT there has been raised liabilities of over $473 million and $175 million collected. Matters treated as a potential risk to the SFCT are...

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