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Litigation

Potts Lawyers > Litigation

Ashleigh DoRozario: Founding Member of the Queensland Law Society’s Diverse Abilities Network

At the beginning of this year, I became a founding member of the Queensland Law Society’s Diverse Abilities Network.  As a solicitor with disability, being legally blind with low vision, I represent persons with disability in the Queensland legal profession. In this position, I also work collaboratively with the Queensland Law Society’s Equity and Diversity Committee.  The aim of the network is to: address accessibility issues within the legal industry; seek greater diversity and inclusion within the profession; advocate equal opportunity and provide a support network for practitioners with disability accessibility, discrimination or human rights issues. With a view to destigmatising disability...

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Blue card “No Card, No Start”:  New Changes To the Blue Card System

On 31 August 2020, changes were made to the Blue Card system which all Blue Card applicants and Blue Card holders should be aware of. The “No Card, No Start” law The Blue Card system now states that applicants will be unable to work of volunteer in a position which requires a blue card until their application is approved.  Previously, applicants were permitted to begin work which requires a Blue Card whilst their application was being processed. New Rules for Blue Card Expiring The new rules also state that if you do not renew your blue card by the expiry date, you will...

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Ashleigh DoRozario Discusses ‘The Language of Ability’ in the Queensland Law Society’s Proctor

Potts Lawyers’ litigation lawyer, Ashleigh DoRozario, has authored an article discussing ‘The Language of Ability’.  Her article is this month’s spotlight feature of the Queensland Law Society’s online publication, Proctor. Ashleigh DoRozario is legally blind as a result of an autoimmune condition.  However, she was not always blind.  Ashleigh has been a valued member of our Potts Lawyers litigation team for over a decade, and we have been with her throughout the diagnostic journey to legal blindness; supporting her wellbeing, learning her remarkable capabilities despite adversity, and encouraging her professional development.  Over the years Ashleigh has learnt to adapt to her disability,...

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Part I – The Requirements of Unfair Dismissal

When an employee is dismissed from their employment, an important consideration for the parties is determining whether the dismissal was unfair. Failing to consider this factor can lead to issues for an employer and may entitle the employee to compensation.   There are particular circumstances where an employer is well within their right to dismiss a person from their employment, which is usually based on justified and well-established grounds for dismissal.   In some cases, an employee is might have been dismissed on the basis of unsubstantiated allegations or inappropriate personal reasons.   Whatever the circumstance, it is important to note that time limits apply to...

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Domain Name Disputes – An easy option?

The internet has provided a platform for businesses and individuals to gain greater access to a wider audience and market share by registering a domain name. Some of these businesses and individuals rely on their hard-earned and well-established goodwill to continue to operate.   Often domain name disputes arise because someone recognises another business or individual’s goodwill and decides to exploit the goodwill of another in order to obtain a commercial benefit. Other times, domain name disputes arise because a competitor has registered a domain name to disrupt another individual or business and is not necessarily seeking to obtain any commercial benefit...

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Medical Negligence and Vicarious Liability: Holding the State of Queensland Accountable

Masson v State of Queensland [2019] QCA 80 Losing a loved family member or friend or seeing them in a seriously disabled condition is devastating and can have long term psychological and financial repercussions. In cases where a person has died or suffered unnecessarily as a result of another person’s negligence, there is a possibility that significant compensation may flow from that event. Of course, money cannot take away the pain but it can help ease the financial and other burdens which can ruin the lives of surviving family members and friends. In some cases, there might be a perceived need to ensure...

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Fair Work Commission General Protection Provisions

Introduction The general protections provisions under the Fair Work Act 2009 (Cth) (the Act) afford certain persons protection from prohibited conduct which would otherwise place an aggrieved person in a disadvantaged position. Breaches of these provisions primarily go before the Fair Work Commission and can resolve early on at a conciliation conference or may proceed all the way to a hearing. The Fair Work Commission provides a cheaper and quicker mechanism for parties to resolve their dispute which may relate to a dismissal or a non-dismissal issue. Alternatively, and in some rare cases, it may be appropriate for a breach of a general...

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Costs in Civil Litigation

The commencement of litigation is generally viewed as the ‘last resort’ in a dispute and connotations which are implicitly conveyed often flow to the other party which are analogous to a UFC match when the contenders enter the octagon and the announcer says: it’s…time… While it can be viewed as the only remaining option, in most civil matters where parties are represented, the matter will not go forward to a full trial in the courts. Most parties will reach a settlement which can be achieved by numerous means and is often in the best interests of everyone involved, and may also...

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Criminal Proceeds Confiscation and When the Proceeding will be Stayed

Criminal Proceeds Confiscation and When the Proceeding will be Stayed The Criminal Proceeds Confiscation Act 2002 (Qld) (‘the Act’) applies when the State of Queensland confiscates the proceeds of crime and property connected to persons convicted of particular serious drug offences. Section 8 of the Act states that proceedings under the Act are civil proceedings and not criminal proceedings, which, among other things, means that: Questions of fact must be decided on the ‘balance of probabilities’ and not the criminal and rigorous requirement of ‘beyond a reasonable doubt’; and The rules of evidence only apply to the extent that they do in...

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GAME OF DEBTS – How do I recover money owed to me?

In our modern age debt recovery is not only a common occurrence where disputes arise between parties, but as some Game of Thrones zealots may argue, brings shame and flagrant disrespect to the Lannister household and its family mantra that Tyrion Lannister is well known for: ‘A Lannister always pays his debts’. Unfortunately, not everyone in today’s society shares or honours the Lannister’s sentiments and disputes can arise from seemingly small amounts to an incredibly large sum of monies. What is Debt Recovery and what is the First Course of Action? Before we explore what happens in Debt Recovery, it is prudent to provide...

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