Litigation Category | Potts Lawyers

13 April

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NDIS Commission Investigations and Banning Orders

What is the NDIS Commission? The NDIS Quality and Safeguards Commission also referred to as the NDIS Commission, is an independent commission which was established on 1 July 2018, to improve the quality and safety of services funded by the “National Disability Insurance Scheme”. The NDIS Commission exists as part of a federal agreement between the Australian Government and states and territory governments, named the “NDIS Quality and Safeguarding Framework”. The NDIS Commission’s role is to: manage complaints about NDIS providers; improve the quality and safety of NDIS supports and services; regulate NDIS service providers and workers; lead education, capacity building and development...

24 February

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Anti-Discrimination Law Reform on the Horizon in Queensland

Posted by Potts Lawyers

in Litigation

QHRC Review Report The Queensland Human Rights Commission (QHRC) has concluded its review of Queensland’s 30 year old legislation, the Anti-Discrimination Act 1991 (Qld). The review involved wide ranging consultations with more than 120 stakeholders, 4 public consultations, and 6 roundtables. The report, titled “Building belonging: Review of Queensland's Anti-Discrimination Act 1991”, was tabled in parliament on 1 September 2022, and includes 46 recommendations to strengthen and clarify discrimination laws in Queensland. According to the QLS, the Commissioner of the QHRC, Mr Scott McDougall, identified the following aims of the recommendations within the report: Eliminating discrimination by introducing a new Act with objects...

21 February

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Dispute Resolution: 4 Key Factors to Consider when Assessing Whether You Need a Lawyer

Posted by Potts Lawyers

in Litigation

Introduction In the modern world, disputes arise in a wide variety of ways, whether in your personal life or in the course of running a business. At the heart of every dispute is a disagreement or argument with respect to one or more issues between parties. A majority of the disputes which we encounter in everyday life resolve on their own, and without legal intervention. However, in many cases, parties to a dispute are not able to resolve the dispute amongst themselves, and the dispute remains unresolved. An unresolved dispute may strain the relationship between the parties. Even worse, an unresolved dispute may...

07 October

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Workcover Claims Against Uninsured Employers

Posted by Potts Lawyers

in Litigation

What are an Employer’s Responsibilities in Queensland with respect to health and safety? Generally, in Queensland, employers and business owners have a legal responsibility known as the primary duty of care in the Work Health and Safety Act 2011. To meet your duty of care, you must: provide a safe work environment; ensure safe use, handling and storage of machinery, structures and substances; make sure your facilities are well-maintained and at an acceptable standard; give your workers any information, training, instruction or supervision needed for safety; keep an eye on the health of workers and conditions at your place of work; ...

07 October

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University Investigations involving Allegations of Misconduct or a Breach of the Student Code of Conduct

Posted by Potts Lawyers

in Litigation

Introduction Students who face allegations of misconduct with their educational institutions, are increasingly engaging lawyers to obtain advice in defending those allegations. This article explores the many reasons why students are entrusting lawyers to assist them in these situations. Obviously, a finding of misconduct could have an adverse impact on your ability to complete your degree or certificate since the disciplinary action may include suspension or even expulsion from the University. In the case of expulsion, some credits may not be transferrable or the student may be required to move to a different region to complete there studies at another university. These consequences can...

24 June

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Duty to Prevent Insolvent Trading Under the Corporations Act

Posted by Chris Korbel

in Litigation

Managing cashflow in any business is critical from an operations perspective, but it is also critical from the perspective of a director of a company. There can be serious consequences if a director of company allows (whether deliberately or unknowingly) fails to prevent a company from trading insolvent or from trading in a way that will make the company insolvent. Depending on the circumstances, a breach of this duty could attract criminal or civil penalties. It's Essential to Seek Legal Advice Our firm has lawyers who specialise in civil litigation and criminal law and we pride ourselves on providing high quality services to assist...

24 June

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Duty to Disclose Material Personal Interest Under the Corporations Act

Posted by Chris Korbel

in Litigation

We understand that balancing business and personal matters can be challenging, and sometimes the lines between the two can be blurred, especially for a director of a company. People who you meet through business can easily become friends, or may be considered family and it is easy to forget about your duty as a director to disclose material personal interests. No matter what the circumstances may be, being proactive is usually better than being reactive in the context of director duties, and seeking independent legal advice early can often lead to a more favourable outcome. In any case, if allegations have been raised...

24 June

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Breach of Common Director Duties under the Corporations Act

Posted by Chris Korbel

in Litigation

Introduction Being a director or an officeholder of a company may come with many perks and financial benefits, but it also comes with risks and legal obligations. Certain officers of a company may also have the same obligations as a director of a company. Directors and secretaries have certain obligations imposed on them by the Corporations Act 2001 (‘Act’) and are referred to as ‘director duties’. There are other duties which arise under the common law and other legislation relating to employment, work health and safety, taxation and consumer protection. No matter how the duty arises, it is imperative that a person is...

22 March

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What Does Misconduct in an Official Capacity Mean Under the Public Service Act?

Posted by Chris Korbel

in Litigation, Uncategorised

When a public service employee is the subject of disciplinary action, a very common ground for disciplinary action under the Public Service Act 2008 (Qld) (‘Public Service Act’) is that the chief executive may discipline the employee if they are reasonably satisfied that the employee has been guilty of misconduct. This is often the first ground put forward by a government department or agency, and is usually followed by an alternative ground such as contravening, without reasonable excuse, a provision of the Public Service Act, or a relevant standard of conduct in a way that is sufficiently serious to warrant disciplinary...

22 March

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Public Servants and Corrupt Conduct

Posted by Chris Korbel

in Litigation

Public servants who are the subject of a workplace investigation may face allegations which are within the ambit of the Public Service Act 2008 (Qld). Sometimes, during the course of a workplace investigation, an allegation of corrupt conduct may be raised in which case a referral may be made to the Crime and Corruption Commission. On other occasions, a complaint may be made to the Crime and Corruption Commission in relation to conduct which may constitute corrupt conduct. In any case, allegations of corrupt conduct are ordinarily more complex than what they may appear on the surface. There are serious implications which...

NDIS Commission Investigations and Banning Orders

Anti-Discrimination Law Reform on the Horizon in Queensland

Dispute Resolution: 4 Key Factors to Consider when Assessing Whether You Need a Lawyer

Workcover Claims Against Uninsured Employers

University Investigations involving Allegations of Misconduct or a Breach of the Student Code of Conduct

Duty to Prevent Insolvent Trading Under the Corporations Act

Duty to Disclose Material Personal Interest Under the Corporations Act

Breach of Common Director Duties under the Corporations Act

What Does Misconduct in an Official Capacity Mean Under the Public Service Act?

Public Servants and Corrupt Conduct

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