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Author: Potts-Lawyers

Potts Lawyers > Articles posted by Potts-Lawyers (Page 7)

Bill Potts comments on homicides involving balconies, cliffs and other heights

Extract from News.com.au, click here to view the original article.   CHILLING new Queensland research has revealed there could be a “dark figure” of people who have gotten away with murder after falls from a height were dismissed as accidents. QUT school of justice senior lecturer Claire Ferguson found the numbers of homicides involving balconies, cliffs or other heights could be higher than reported because determining if a fatal fall was an accident, suicide or homicide was often impossible based solely on medical evidence. The forensic criminologist also found that in a number of cases the death was originally misclassified as an accident before...

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Ashleigh DoRozario receives commendation from Governor of Queensland

A big congratulations to our litigation team member,  Ashleigh DoRozario.  Last night Ashleigh was honoured at Government House and named one of the 60 most influential people in the 60 year history of MS Queensland. This is the second commendation Ashleigh has received from His Excellency The Honourable Paul de Jersey AC, Governor of Queensland, having previously been named MS Queensland Young Person of The Year. Ashleigh was diagnosed with an MS-related disease in 2009 and despite becoming legally blind due to the condition, she continues to work at Potts Lawyers and is now entering the final year of her law degree,...

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Bill Potts comments on funding issues in Queensland’s justice system

Our Founding Director and current Queensland Law Society Deputy President, Bill Potts, was interviewed by Sherele Moody of the Daily Mercury:   The State Government needed to invest more money in community and low-cost legal services, said Bill Potts, whose firm represents clients in our region. "We build bridges, we build roads, we build tunnels but why don't we spend that kind of money on the justice system?" the deputy president of the Queensland Law Society said. "We have people being denied justice - they are being convicted or they can't appeal properly because they are being denied access to a system...

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Post-employment Obligations: Restraint of Trade and Non-Solicitation

What Employees and Employers should know Quite often, when the employer-employee relationship ends, employees often forget that some of the clauses within their employment agreements often extend beyond the employer-employee relationship. Even in circumstances were no employment contract exists, employees might still owe a fiduciary duty to their employer which may extend beyond the employer-employee relationship. Common issues that often arise in relation to restrain of trade and non-solicitation include: former employees working with one of their main competitors and/or divulging trade secrets to that competitor; former employees opening up a new business which directly competes with their former employer’s business; accusations of...

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Social Media Defamation: What to Look Out For

As defamation lawsuits in relation to publications made on social media like Facebook and Twitter are continuing to rise, it is important to understand how defamation law extends to the internet and whether there are any additional factors that you need to consider before defending or initiating a defamation dispute.   Are Defamatory Publications on Social Media any different from traditional Defamation cases? Generally, defamation occurs when defamatory material relating to an individual is published. The defamatory publication simply needs to be: communicated by the defendant to a third party other than the plaintiff; must identify the plaintiff; and must contain information or material...

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Bill Potts comments on Aussie Rules player Daniel Lock’s penalty

Our Founding Director and current Queensland Law Society Deputy President, Bill Potts, was interviewed by Janessa Ekert of the Cairns Post. He commented on the penalty imposed by the Queensland District Court at Cairns on Aussie Rules veteran, Daniel Lock, who plead guilty to causing grievous bodily harm. Former Queensland Law Society president & criminal lawyer Bill Potts said the result was unsurprising and it would have taken extreme gratuitous violence completely outside the play to result in a custodial sentence. He said the precedent for this type of case was set during the '80s and involved former Brisbane Lions coash...

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I am an architect or aspiring architect convicted of a criminal offence. What are the consequences and do I have to disclose this?

Who does this apply to? In Queensland, architects are subject to the Architects Act 2002 (Qld). Architects practicing outside Queensland are not subject to this legislation; however similar legislation may exist in other states and territories. We are also able to assist interstate architects; however this article is solely for those practicing, or seeking to practice in Queensland.   Am I eligible to register as an architect? Do I need to disclose my charges or convictions? The Board of Architects of Queensland must be satisfied you are fit to practice as an architect prior to accepting the registration. In determining fitness, the Board may have...

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What are the consequences of a criminal charge or conviction on a teacher or aspiring teacher?

Who does this apply to? This article applies to all existing and aspiring teachers in Queensland. Registration to the Queensland College of Teachers is mandatory and regulated by the Education (Queensland College of Teachers) Act 2005 (Qld) (“the Act”). The law in other jurisdictions in Australia may differ, and hence this article is applicable only to those within Queensland. If you are interstate, we are still able to assist you, and have experience in a variety of jurisdictions. We encourage you to contact our office. If you are an early childhood teacher, registration with the College of Teachers may not be compulsory for...

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Spent convictions: how long does a criminal conviction last in Queensland?

Introduction As noted in our article on non-recorded convictions, having a criminal conviction can have a prolonged and profound impact on your life that extends far beyond the punishment imposed by a court. This is quite unfortunate, as one of the purposes of the criminal justice system is that a court will impose a punishment that is just and final in all the circumstances. It is also a principle that those convicted of offences should be rehabilitated, and are encouraged and even expected to resume being law-abiding and productive members of society upon completion of the imposed punishment. Yet, whenever you are taking...

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