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General Law News

Potts Lawyers > General Law News

Potts Lawyers and Corona Virus – Willing and available to assist those who need advice

  The Corona Virus is changing the way that all aspects of our society operate on a daily basis. Like many Australian businesses, small and large, Potts Lawyers is working to adapt to a rapidly changing landscape We will be maintaining a team of solicitors to service all of the legal needs, of all of our clients, during this period.  We remain willing and available to assist those who need advice.    Whilst there have been some changes, our court system is still operating, and we continue to represent people in criminal law and commercial litigation on a daily basis.  Protecting our client’s interests and rights continues...

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Corona Virus – Police powers to enforce lockdowns and isolation directives

Corona Virus - COVID-19 - Offence provisions and police powers to enforce lockdowns and isolation directives The Corona virus or COVID-19 has changed the way in which we know life now and is likely to continue to change our lives into the future.  We hear on the news or in press conferences about directives being issued.  Directives to avoid mass gatherings, to self-isolate and requiring social distancing. We are told that if people disobey such directives, then they can be fined and even imprisoned. Potts Lawyers have outline all the ‘must know ‘information in regard to police powers and rights with lockdowns, isolation...

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Queensland Courts Response to COVID-19 crisis

Queensland Courts Response to COVID-19 crisis In response to the current COVID-19 crisis courts throughout Queensland are instigating a range of measures with a view to limiting the exposure of parties involved in court proceedings to the risk of infection.   Guidelines have now been issued by the Supreme, District and Magistrates courts outlining the steps they will be taking to ensure the health and safety of all parties during the coming period. These include measures such as postponing all new jury trials in the District and Supreme Courts, excusing the personal appearance of defendants in some matters and prioritising the hearing of matters that...

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Human Rights Act

Adam Moschella, criminal lawyer at Potts Lawyers Brisbane is a member of the Queensland Law Society Human Rights and Public Law Committee.   In this article, he draws attention to the potential impact on criminal law matters of the recent introduction of human rights laws in Queensland.   On 1 January 2020 the Human Rights Act 2019 came into force in Queensland. This makes our state one of only three jurisdictions in Australia to enact specific human rights legislation. The other jurisdiction being the Australian Capital Territory and Victoria.   The main objects of the Act are to protect and promote human rights, help build...

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The law of double jeopardy in Queensland confirmed – Director of Public Prosecutions v TAL [2019] QCA 279

An application pursuant to s678B of the Criminal Code 1899   Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. This was the first occasion that a court in Queensland has heard such an application.   Brief Background The respondent was charged with the deceased’s murder. The only issue at the respondent’s 1988 trial was the identity of the killer. The jury acquitted the respondent.  The...

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How Informant Evidence can Prevent Justice and Lead to Wrongful Convictions

Last week, on 26 July 2019, convicted murderer Faruk Orman, walked free after serving 12 years in prison. His conviction was overturned following shocking revelations that his barrister, Lawyer X (aka Nicola Gobbo) was providing information to police that led to his ultimate conviction. The Victorian Court of Appeal held that the information provided by Ms Gobbo led to a contamination of his case and found that the conviction was a “substantial miscarriage of justice”. This is the first conviction to be overturned by the Court of Appeal in Victoria since the start of the Royal Commission. Sadly, though, it is...

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An Overview of the Human Rights Act 2019: The rights you probably didn’t know you have

On February 27, 2019 Queensland Parliament passed the Human Rights Bill 2018.  The Human Rights Bill 2018 introduces the Human Rights Act 2019 (the Act) into Queensland legislation.  Some provisions of the Act are due to operate from 1 July 2019 with the remaining provisions due to operate on 1 January 2020. Queensland is the third state or territory to enact human rights legislation after Victoria and Australian Capital Territory. This monumental occasion affords greater protection for Queenslanders as a whole, but particularly certain disadvantaged Queenslanders who previously did not have access to much needed protection. The Bill will protect a total...

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THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT (BUT PROBABLY DON’T)

Article by Danielle Warren, Criminal Lawyer   Kids across Queensland are well and truly back to school for the year.  In this article, we have outlined the laws surrounding the safety and protocol parents of children in Queensland should be aware of, particularly: leaving your children unattended; how kids are to travel in cars; and disciplining your child (particularly smacking). Leaving children unattended We suspect that most parents are unaware that to leave your child unattended and without supervision can be a criminal offence. It is a controversial topic that has received a lot of attention in the media and amongst parents across Queensland.  There was...

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Queensland Ambulance Service Paramedics and Paramedicine Students Now Regulated by AHPRA

QUEENSLAND AMBULANCE SERVICE PARAMEDICS AND PARAMEDICINE STUDENTS NOW REGULATED BY AHPRA 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...

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Bill Potts comments on overcrowded prisons

Our Founding Director, Bill Potts, was interviewed by the Courier Mail on the issue of overcrowded prisons in Queensland. The article is available here, with an extract below: FRIEND IN THE COURTS Another critic who says community debate has to quickly move beyond punishment and retribution towards crime prevention and rehabilitation is Queensland Law Society deputy president Bill Potts. “Only the very hardened and perhaps cynical people think the current solutions are working,’’ Potts says. “Armchair critics and Monday morning quarterbacks, who decry how soft judges are, don’t know how the system works and don’t see the endless parade of mental illness and...

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