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07 October

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Queensland Coroner Release Of Body Disputes And Competing Claims

Introduction to Release Orders and Competing Claims In Queensland, the timely release of a deceased person’s body for burial or cremation is prioritised by the State Coroner to minimise any distress which may be caused to family members. Accordingly, since these matters are expedited, family members are often only given a few days to provide submissions to the coroner if there is a competing claim for the release of the body. Potts Lawyers has assisted many clients in competing claims for the release of the body of a family member. This usually occurs in circumstances where the deceased died intestate (without a...

07 October

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New Strict Guidelines Imposed by QPS for Weapons Licensing – How to Appeal a Weapons License Refusal

Posted by Potts Lawyers

in General Law News

Introduction In Queensland, and all other states and territories in Australia, a person must have a Weapons Licence (also referred to as a firearms licence in other jurisdictions) to possess and use a firearm. In each jurisdiction within Australia, a person must demonstrate a “genuine reason” for holding a Weapons Licence, and all firearms must be registered by serial number to the licenced owner. In the wake of mass shootings and increased firearms related deaths in other countries, such as the United States, these restrictive firearms regulations seem sensible and are required to ensure public safety. In Queensland, the Queensland Police Service...

07 October

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Workcover Claims Against Uninsured Employers

Posted by Potts Lawyers

in Litigation

What are an Employer’s Responsibilities in Queensland with respect to health and safety? Generally, in Queensland, employers and business owners have a legal responsibility known as the primary duty of care in the Work Health and Safety Act 2011. To meet your duty of care, you must: provide a safe work environment; ensure safe use, handling and storage of machinery, structures and substances; make sure your facilities are well-maintained and at an acceptable standard; give your workers any information, training, instruction or supervision needed for safety; keep an eye on the health of workers and conditions at your place of work; ...

07 October

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University Investigations involving Allegations of Misconduct or a Breach of the Student Code of Conduct

Posted by Potts Lawyers

in Litigation

Introduction Students who face allegations of misconduct with their educational institutions, are increasingly engaging lawyers to obtain advice in defending those allegations. This article explores the many reasons why students are entrusting lawyers to assist them in these situations. Obviously, a finding of misconduct could have an adverse impact on your ability to complete your degree or certificate since the disciplinary action may include suspension or even expulsion from the University. In the case of expulsion, some credits may not be transferrable or the student may be required to move to a different region to complete there studies at another university. These consequences can...

07 October

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What To Do When A Notification Has Been Made To AHPRA About Your Conduct As A Health Practitioner

Posted by Potts Lawyers

in Disciplinary Law

What are notifications under the National Law? A notification made to the Australian Health Practitioner Regulation Authority (AHPRA) against a health practitioner is an expression of concern about the health practitioner’s conduct or fitness to practice. A notification is usually made by members of the public, or in some cases health practitioners are required to make mandatory notifications in specific circumstances. A notification may result in an investigation by AHPRA, which could lead to a finding that the practitioner has engaged in conduct which is unsatisfactory, unprofessional, or in the most serious instance, misconduct. In these cases, the health practitioner who is...

07 October

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Suitability & Eligibility Requirements for obtaining your Rideshare Licence for Queensland

Posted by Potts Lawyers

in General Law News, Traffic Law

What licence do I need to work in the rideshare industry? Individuals looking to work as drivers in the transport and rideshare industry (such as Taxis, Uber, Lyft, Ola, Didi, Bolt, and GoCatch, etc) are required to hold; A current Australian open drivers licence or alternatively a restricted drivers licence issued under section 87 of the TORUM; and A “Passenger Transport Driver Authorisation” from the Department of Transport and Main Roads (“TMR”). A Passenger Transport Driver Authorisation (known simply as a “Driver Authorisation”) is an approval that forms part of a regulatory system by which the TMR decides who is suitable to...

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....

01 February

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New Code of Conduct for Registered Migration Agents coming into effect 1 March 2022

Posted by Potts Lawyers

in Litigation

A new Code of Conduct for registered migration agents has been prescribed by the Migration (Migration Agents Code of Conduct) Regulations 2021 (the “new Code”). The new Code takes effect on 1 March 2022. The Department of Home Affairs has recommended that all registered migration agents familiarise themselves with the new code to determine whether their business practices need to be changed to comply with the new Code. Registered migration agents can be disciplined or can have their registrations suspended or cancelled for failing to comply with the Code. Any registered migration agent who is accused of contravening the new Code should obtain...

01 February

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Confiscations Proceedings in Queensland: How Lawfully Obtained Property can be Seized

Posted by Potts Lawyers

in Litigation

The Criminal Proceeds Confiscations Act 2002 (Qld) (“the Act”) was enacted with the main object of removing the financial gain and increasing the financial loss associated with illegal activity. This is achieved by seizing the proceeds of crime. What may come as a surprise to many, is that property can be seized and forfeited to the State of Queensland, regardless of whether or not a person is convicted of an offence because of the alleged illegal activity. In other words, even if the serious criminal allegations against you remain unproven, or if you are found to be not guilty, the police can...

01 February

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Navigating the complexities of workplace investigations involving allegations of criminal conduct

Posted by Potts Lawyers

in Litigation

When workplace investigations involve allegations which may amount to criminal conduct, a different legal strategy is almost always required to protect the client’s interests. Employees who face serious allegations of criminality in a workplace environment may be in a position where they risk not only losing their job, but also face criminal sanctions (which may include imprisonment). In these cases, employers will also need to be careful on how they handle the investigation and disciplinary process, since there is often significant overlap between the criminal law and employment law aspects of the matter, which are often difficult to navigate. When an employee becomes...

Queensland Coroner Release Of Body Disputes And Competing Claims

New Strict Guidelines Imposed by QPS for Weapons Licensing – How to Appeal a Weapons License Refusal

Workcover Claims Against Uninsured Employers

University Investigations involving Allegations of Misconduct or a Breach of the Student Code of Conduct

What To Do When A Notification Has Been Made To AHPRA About Your Conduct As A Health Practitioner

Suitability & Eligibility Requirements for obtaining your Rideshare Licence for Queensland

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

New Code of Conduct for Registered Migration Agents coming into effect 1 March 2022

Confiscations Proceedings in Queensland: How Lawfully Obtained Property can be Seized

Navigating the complexities of workplace investigations involving allegations of criminal conduct

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