Litigation Category | Potts Lawyers

23 January

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What to do if you are served a Statutory Notice to Attend an Interview or Produce Documents or Information

Introduction A growing number of regulatory agencies in Queensland and Australia have statutory powers to compel a person to produce documents or attend an interview. First and foremost, failing to comply with these notices may amount to an offence. It is therefore important to obtain legal advice if you are served with this type of notice. Depending on the enabling legislation, there may be an exemption to having to comply with that notice, for example, if a person has a ‘reasonable excuse’, or for any other reason stated in that legislation. Before a person decides whether or not they will comply with the notice...

19 December

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What Every Professional Needs to know About Occupational Disciplinary Law

Posted by Potts Lawyers

in Litigation

What is Occupational Disciplinary Law? Occupational disciplinary law refers to the legal framework that governs the disciplinary actions that can be taken against workers in a specific occupation or industry. This framework typically outlines the standards of conduct expected of workers, the procedures for investigating allegations of misconduct, and the possible consequences for violations, such as suspension, termination, or revocation of a license. Occupational disciplinary law may also include provisions for procedural fairness, such as the right to respond to an allegation, the right to a hearing, and the right to review that decision in a Tribunal. How is Occupational Disciplinary Law different...

13 December

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The role of the Briginshaw Principle in Workplace Investigations involving Serious Misconduct

Posted by Potts Lawyers

in Litigation

What is the Briginshaw principle? The Briginshaw principle derives from Briginshaw v Briginshaw (1938) 60 CLR 336, which is an important case in the development of the common law, and it established several key principles that continue to be applied in many legal contexts, including workplace investigations. The Briginshaw principle does not change the standard of proof in workplace investigations but rather guides the decision-making process in assessing the evidence. Generally, the Briginshaw principle holds that when determining whether an allegation of misconduct is proved, the decision-maker must take into account the seriousness of the consequences of the finding, the seriousness of...

30 November

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I’ve received a letter from an insurance company seeking to recover money from me because someone was injured in a motor vehicle accident. What do I do?

Posted by Chris Korbel

in Litigation, Uncategorised

Your heart drops. You’ve received a letter from an insurance company or their lawyers seeking to recover money from you, and you don’t know what to do or how to feel. In our experience, it is not unusual for clients to be beside themselves and have many loaded questions, particularly if the motor accident happened a long time ago. If you’re in this situation and you’re reading this article, the first step is to simply breathe and compose yourself. The next step is to read the contents of this article below and call our firm to discuss the legal aspects of your...

28 November

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Department of Education – Show Cause Notice Before Prohibition Notice

Posted by Chris Korbel

in Litigation

Introduction In Queensland, the Department of Education (the ‘Department’) is the regulatory authority that can investigate suspected non-compliance with the Education and Care Services National Law (Queensland) 2013 Act (the ‘Act’) and the Education and Care Services National Law (Queensland) Regulations 2011. The Department has a wide range of powers under the Act and Regulations to take action against individuals or companies that are regulated by these laws. If a person receives a show cause notice from the Department in relation to a prohibition notice, usually this could also mean that there will be further correspondence (if not already received) from other regulatory...

21 November

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Office of the Health Ombudsman Investigations and Requirement to Provide Information or Attend

Posted by Chris Korbel

in Litigation

The Health Ombudsman generally investigates complaints where a complaint has been made which may amount to professional misconduct or the subject of the complaint may pose a serious risk to persons. Receiving a letter from the Office of the Health Ombudsman (Health Ombudsman) stating that they are investigating a complaint is undoubtedly a stressful and concerning time for a health practitioner or health service organization. It can be equally problematic for people who are required to provide information or attend a meeting as required by the Health Ombudsman. We appreciate that being the subject of an investigation by the Health Ombudsman may...

20 November

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ABC News Interviews Bill Potts on the Costly Dangers of Defamatory Social Media Posts

Posted by Potts Lawyers

in Litigation

The ABC has recently published an article in relation to a Queensland woman who was ordered to pay $279,000 in damages to a couple she defamed in a Facebook group. The matter was heard in the District Court in Townsville and the judgement was handed down on Friday 23 June 2023. The alleged post was only online for merely 90 minutes before it was taken down, and the publication alleged improper conduct towards a six-year-old child, and was ruled by Judge Coker as being “entirely improper, unjustifiable and lacking in bona fides where the defendant knew that the imputations contained within...

17 November

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Suspension of teaching registration or permission to teach by the Queensland College of Teachers because of a criminal charge or posing an unacceptable risk of harm to children.

Posted by Chris Korbel

in Litigation

Introduction The Queensland College of Teachers have powers under the Education (Queensland College of Teachers) Act 2005 (Qld) (the ‘Act’) to immediately suspend a person’s teaching registration or permission to teach. The Queensland College of Teachers must provide notice of the suspension to the teacher to comply with the Act, and usually means that the person will receive a letter by email and by post. The suspension takes effect on the day the notice is given to the teacher. As discussed below, in some cases, there may be concurrent criminal charges or the potential that a person has committed a criminal offence in connection...

05 September

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Civil Aviation Safety Authority and Disclosure of an Aviation Security Relevant Offence

Posted by Chris Korbel

in Litigation

Introduction The Civil Aviation Safety Authority regulates, among other things, holders of aviation licenses (such as the different types of pilot licences). The Civil Aviation Safety Authority has regulatory powers under numerous legislation and is considerably more complex than other areas of law. Holders of aviation licenses have disclosure obligations upon being convicted of an ‘aviation security relevant offence’. It is important that if you are a holder of an aviation licence you are not only aware of this obligation but that penalties may apply if you fail to comply with this obligation. This article will explore an aviation licence holder’s obligation to...

04 September

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Department of Home Affairs, AusCheck and Disclosure of an Aviation Security Relevant Offence

Posted by Chris Korbel

in Litigation, Uncategorised

Introduction The Department of Home Affairs has a branch called ‘AusCheck’ which regulates and monitors the compliance of people who hold an Australian Security Identity Card. This is a complex and technical area of law as there are numerous pieces of legislation which apply. Persons who hold an Australian Security Identity Card have disclosure obligations to AusCheck upon being convicted of an ‘aviation security relevant offence.’ This article will explore an aviation licence holder’s obligation to disclose an aviation security-relevant offence to AusCheck of the Department of Home Affairs. Most holders of an Australian Security Identified Card also hold a licence with Civil...

What to do if you are served a Statutory Notice to Attend an Interview or Produce Documents or Information

What Every Professional Needs to know About Occupational Disciplinary Law

The role of the Briginshaw Principle in Workplace Investigations involving Serious Misconduct

I’ve received a letter from an insurance company seeking to recover money from me because someone was injured in a motor vehicle accident. What do I do?

Department of Education – Show Cause Notice Before Prohibition Notice

Office of the Health Ombudsman Investigations and Requirement to Provide Information or Attend

ABC News Interviews Bill Potts on the Costly Dangers of Defamatory Social Media Posts

Suspension of teaching registration or permission to teach by the Queensland College of Teachers because of a criminal charge or posing an unacceptable risk of harm to children.

Civil Aviation Safety Authority and Disclosure of an Aviation Security Relevant Offence

Department of Home Affairs, AusCheck and Disclosure of an Aviation Security Relevant Offence

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