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General Law News

Potts Lawyers > General Law News

Ministerial Direction no. 99 – New legislation for non-citizen character assessment

Australian passports in a pile

New legislation for non-citizen character assessment to take effect from 3 March 2023 Non-citizens in Australia that do not pass the ‘character test’ are liable to have their Australian visa cancelled or their visa application refused. The character test is found in paragraph 6 of section 501 of the Migration Act 1958. There are various grounds under which a person can fail the character test. A person that fails even one ground will not pass. Amongst the various ways that they can fail the character test is: if they have a ‘substantial criminal record’; if they have been convicted for sexually based offences...

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Case Summary – Strike Out Application and Appeal

Judge sitting behind desk with hands clasked over the top of an open book

Introduction In the matter of Goldenwater & Ors v Chan & Ors, Potts Lawyers appeared for, and successfully assisted, the plaintiffs with opposing two applications brought by the defendants to a Supreme Court proceeding. Both applications were dismissed by Flanagan J. The first defendant appealed Flanagan J’s decision, and the Court of Appeal heard and dismissed that appeal. The scope of this case summary is to discuss the first application brought by the defendants, and the appeal brought by the first defendant.   The Defendants’ Strike Out Application On 8 October 2020, Flanagan J heard two applications brought by the defendants in this matter. The first...

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Potential hazards of being a ‘FinFluencer’

Man recording a video for social media using his phone mounted on a tripod

Introduction In the current digital age, social media and the online world has made information easily accessible and disseminated. Similarly, communication between people is now literally available at people’s fingertips. As a consequence of the rise of social media and the online world, there has been influential people who are able to captivate an audience on a large scale. In particular, there is a sub-type of influencers referred to as ‘FinFluencers’ which is a colloquial reference to someone on social media or on the online world who provides financial advice, products or services generally without having the required licence. This article will outline a...

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Defamation and Serious Harm

Gavel on a pile of notes labelled defamataion

Introduction On 1 July 2021, the Defamation Act 2005 (QLD) (‘Act’) was amended to incorporate, among other things, a new element for the cause of action of defamation. That new element is referred to as the ‘serious harm’ element. Read our outline of the amendments to the Defamation Act which came into effect on 1 July 2021. This article will discuss case law subsequent to the amendments to the Act on 1 July 2021 which has elucidated the concept of the serious harm element in defamation dispute matters.   General Advice Only This article is general in nature and should not be construed or relied upon...

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Queensland Coroner Release Of Body Disputes And Competing Claims

Wooden sign reading coroners court

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...

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

QLD firearms license image

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...

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Suitability & Eligibility Requirements for obtaining your Rideshare Licence for Queensland

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...

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

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....

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Potts Lawyers Recent News 2021

Welcome to Potts Lawyers Recent News. Where Bill Potts, our founding director provides you with the latest law commentary on contemporary and trending issues. We are here to help law students, those in the law profession and the general public with an insight into the latest law news around the nation. This month, Bill highlight's the growing concerns within the legal profession about the length of time that it is currently taking for trial listings in the Southport Courthouse.   Criminal lawyer weighs in on effectiveness of ankle bracelets The effectiveness of ankle bracelets is the topic of this interview with Luke Bradnam on...

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What is a QP9?

By Erin Mitchell What is a QP9, where do I get it from and what do I do if it contains incorrect information? What is a QP9? A QP9 (also known as a Court Brief) is a document prepared by the Queensland Police Prosecutions when a person is charged with an offence. It outlines the exact charge/s against you and a summary of the alleged facts of the offence. It is also usually accompanied by a copy of your criminal and/or traffic history. It can contain other important information such as a summary of what other evidence might exist (eg. CCTV footage);...

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