Potts Lawyers, Author at Potts Lawyers

25 February

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New lemon car laws introduced to protect consumers who have bought defective or faulty vehicles

WHEN LIFE GIVES YOU LEMONS At Potts Lawyers we receive many enquiries about new car buyers buying a lemon car. A “lemon” is a common term for a vehicle that turns out to have several manufacturing defects affecting the safety, value, or utility of that vehicle. Most Australian states did not previously have ‘lemon laws’. Lemon laws are aimed at protecting consumers against defects in new vehicles, and usually require the manufacturer to repair, replace, or refund the consumer’s vehicle. Beginning 1 September 2019 the Queensland government finally introduced new lemon laws to protect consumers who purchase defective motor vehicles. The changes came...

10 June

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

Posted by Potts Lawyers

in Criminal Law & Offences

Old Definition of Murder 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. New Definition of Murder 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 Defintion of Murder Explained The new definition essentially means that if a person foresees death as a probable...

22 May

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Why you need legal representation whether your matter is big or small

Posted by Potts Lawyers

in Criminal Law & Offences

Sufficiency of evidence and public interest factors 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 criminal charges can be extremely damaging and long lasting. Matter #1 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 a clearly...

21 May

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Just what is ‘Wilful damage’

Posted by Potts Lawyers

in Criminal Law & Offences

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 concern in the Courts and Justice system. Grajewski v DPP (NSW) [2019] HCA 8 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)....

20 May

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Can I get a work licence?

Posted by Potts Lawyers

in Traffic Law

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...

29 January

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Bill Potts Interview with ABC on Magistrates’ Court Backlog

Posted by Potts Lawyers

in Criminal Law & Offences

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 About Bill Potts As one of Australia’s most senior criminal defence lawyers, Bill models a philosophy of client service, a strong work ethic, a passion for winning and an appreciation of the finer points of criminal law advocacy. What that means for all clients of Potts Lawyers is access to the strongest possible...

06 December

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

Posted by Potts Lawyers

in Criminal Law & Offences

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...

26 November

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

Posted by Potts Lawyers

in Criminal Law & Offences

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...

06 November

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Queensland Ambulance Service Paramedics and Paramedicine Students Now Regulated by AHPRA

Posted by Potts Lawyers

in Disciplinary Law, General Law News

Important information for all Queensland paramedics and paramedicine Students As the national regulation of paramedicine is approaching its final stages, Queensland paramedics should know that they must be registered with the Australian Health Practitioner Regulation Agency (AHPRA) by 1 December 2018 in order to practice paramedicine. Once registered, a paramedic’s registration will then be recognised in all states and territories in Australia. All paramedics should check AHPRA’s website to see if the need to register with AHPRA, as some exceptions apply. Suitability Requirements for Paramedics All practicing paramedics and paramedicine students should familiarise themselves with not only AHPRA’s national registration and accreditation scheme and its...

17 October

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Tax Offences

Posted by Potts Lawyers

in Criminal Law & Offences

On the 1st July 2015 a special prosecutions taskforce was established to deal with the increasing number of cases of tax fraud, the “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 as follows: Failure to keep proper company or business financial records Failure to lodge annual...

New lemon car laws introduced to protect consumers who have bought defective or faulty vehicles

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

Why you need legal representation whether your matter is big or small

Just what is ‘Wilful damage’

Can I get a work licence?

Bill Potts Interview with ABC on Magistrates’ Court Backlog

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

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

Queensland Ambulance Service Paramedics and Paramedicine Students Now Regulated by AHPRA

Tax Offences

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