Litigation Category | Potts Lawyers

01 February

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New Code of Conduct for Registered Migration Agents coming into effect 1 March 2022

A new Code of Conduct for registered migration agents has been prescribed by the Migration (Migration Agents Code of Conduct) Regulations 2021 (the “new Code”). The new Code takes effect on 1 March 2022. The Department of Home Affairs has recommended that all registered migration agents familiarise themselves with the new code to determine whether their business practices need to be changed to comply with the new Code. Registered migration agents can be disciplined or can have their registrations suspended or cancelled for failing to comply with the Code. Any registered migration agent who is accused of contravening the new Code should obtain...

01 February

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Confiscations Proceedings in Queensland: How Lawfully Obtained Property can be Seized

Posted by Potts Lawyers

in Litigation

The Criminal Proceeds Confiscations Act 2002 (Qld) (“the Act”) was enacted with the main object of removing the financial gain and increasing the financial loss associated with illegal activity. This is achieved by seizing the proceeds of crime. What may come as a surprise to many, is that property can be seized and forfeited to the State of Queensland, regardless of whether or not a person is convicted of an offence because of the alleged illegal activity. In other words, even if the serious criminal allegations against you remain unproven, or if you are found to be not guilty, the police can...

01 February

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Navigating the complexities of workplace investigations involving allegations of criminal conduct

Posted by Potts Lawyers

in Litigation

When workplace investigations involve allegations which may amount to criminal conduct, a different legal strategy is almost always required to protect the client’s interests. Employees who face serious allegations of criminality in a workplace environment may be in a position where they risk not only losing their job, but also face criminal sanctions (which may include imprisonment). In these cases, employers will also need to be careful on how they handle the investigation and disciplinary process, since there is often significant overlap between the criminal law and employment law aspects of the matter, which are often difficult to navigate. When an employee becomes...

18 December

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Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand

Posted by Chris Korbel

in Litigation

Being the subject of a complaint which is before the Chartered Accountants Australia and New Zealand (CA ANZ) would no doubt be stressful and daunting. This certainly would be worse if you are going through this process alone. Potts Lawyers regularly assists clients who may (or are) the subject of disciplinary action and our civil and criminal lawyers often work together to protect our client’s interests. We aim to alleviate our client’s stresses by providing strategic, objective, and realistic advice. It is important to seek legal advice as early as possible and take proactive steps to determine your position. This is not...

18 December

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Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand: Case Conference and Referrals to the Disciplinary Tribunal

Posted by Chris Korbel

in Litigation

This article is a continuation of the previous article: Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand If you have not reviewed that article we recommend that you view that article first before reading this article. This article discusses what may be involved at a case conference or a referral to the Disciplinary Tribunal. It discusses circumstances where the Chartered Accountants Australia and New Zealand (CA ANZ) have received a complaint about alleged breaches by a member of the CA ANZ, and the Professional Conduct Committee (PCC) have decided to convene a case conference or...

30 November

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Recent Updates in Queensland Defamation Law

Posted by Genevieve Bowen

in Litigation

The 1st of July 2021 saw amendments to the Defamation Act 2005 (Qld) (‘the Act’) take effect, keeping Queensland in line with New South Wales, Victoria and South Australia. A single publication rule for publications pertaining to the same defamation matter A serious harm threshold that must be established The mandatory requirement of a concerns notice A scientific or academic peer review defence, and a public interest defence Greater detail on the cap on damages for non-economic loss Important Considerations for Potential Plaintiffs Single Publication Rule If you believe you have an action at defamation it is important that you note the strict...

10 November

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Recent Updates in Queensland Defamation Law

Posted by Genevieve Bowen

in Litigation

The 1st of July 2021 saw amendments to the Defamation Act 2005 (Qld) (‘the Act’) take effect, keeping Queensland in line with New South Wales, Victoria and South Australia. A single publication rule for publications pertaining to the same defamation matter A serious harm threshold that must be established The mandatory requirement of a concerns notice A scientific or academic peer review defence, and a public interest defence Greater detail on the cap on damages for non-economic loss Important Considerations for Potential Plaintiffs Single Publication Rule: If you believe you have an action at defamation it is important that you note the strict...

03 August

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AHPRA Disciplinary Matters for Health Practitioners

Posted by Potts Lawyers

in Disciplinary Law, Litigation

Why choose Potts Lawyers for AHPRA Matters? Potts team of experienced Civil Litigation Lawyers are highly experienced at assisting health practitioners across Australia who face allegations of impairments or conduct which may amount to unsatisfactory professional performance, unprofessional conduct, and professional misconduct. Get your free 20 minute consultation today. AHPRA Disciplinary Matters for Health Practitioners Health practitioners being investigated for these matters can face immediate action which prevents them from practising, and at the conclusion of those investigations, health practitioners can be subjected to conditions, suspensions, or even have their registration cancelled altogether. Obviously, this type of action taken against a health practitioner can...

03 August

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Preliminary Steps when Responding to an Queensland LSC Investigation Letter

Posted by Craig DoRozario

in Litigation

Our Disciplinary law experts have acted for many Queensland solicitors and barristers who have received a letter from the Legal Services Commissioner notifying of an investigation of a complaint made about them and seeking a response. Do you need an extension to obtain advice and respond? Generally, the initial letter from the LSC advising of the investigation will set out allegations and will seek a response and explanation within a certain timeframe. It is important for practitioner not to feel rushed when responding, which may result in a substandard response. If the lawyer requires more time to obtain advice and consider their position, they...

03 August

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Disciplinary Matters for Queensland Teachers

Posted by Potts Lawyers

in Litigation

Teachers who are subject to investigations by the QCT should urgently seek legal advice from civil ligitation lawyers experienced in this area of law so that appropriate steps can be taken to protect their registration throughout the course of the investigation. Potts Lawyers is experienced at assisting teachers in Queensland with a wide variety of disciplinary matters and have assisted teachers in avoiding serious findings and sanctions which could lead to onerous conditions on their registration or even completely prevent them from teaching. Disciplinary Matters for Queensland Teachers Teachers in Queensland are mainly regulated by the Education (Queensland College of Teachers) Act 2005...

New Code of Conduct for Registered Migration Agents coming into effect 1 March 2022

Confiscations Proceedings in Queensland: How Lawfully Obtained Property can be Seized

Navigating the complexities of workplace investigations involving allegations of criminal conduct

Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand

Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand: Case Conference and Referrals to the Disciplinary Tribunal

Recent Updates in Queensland Defamation Law

Recent Updates in Queensland Defamation Law

AHPRA Disciplinary Matters for Health Practitioners

Preliminary Steps when Responding to an Queensland LSC Investigation Letter

Disciplinary Matters for Queensland Teachers

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