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(07) 5532 3133
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0488 999 980 or 18004POTTS

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Litigation

Potts Lawyers > Litigation

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

Article by Jason Papoutsis, Litigation Lawyer 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...

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Social Media Defamation: What to Look Out For

Article by Jason Papoutsis, Litigation Lawyer 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;...

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