30 November

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Recent Updates in Queensland Defamation Law

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 Jason Papoutsis

in 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 Jason Papoutsis

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...

03 August

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Real Estate Agent Licences in Queensland

Posted by Jason Papoutsis

in Litigation

Everything you need to know: QLD Real Estate Agent Licences Real estate agents who are facing criminal allegations or allegations of breaching the real estate legislation in the course of their practice of property agent work, should seek legal advice immediately from lawyers experienced in criminal law and in disciplinary law matters. Why use Potts Lawyers? Our Civil Litigation Lawyers are experienced at assisting real estate agents in Queensland who face having their licences suspended or cancelled, and also applicants whose licences have not been granted due to suitability matters. Existing licensees can have their licences cancelled due as a result of breaches of...

21 July

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NDIS Quality and Safeguards Commission – Banning Orders

Posted by Genevieve Bowen

in Litigation

This article explains the mechanisms by which NDIS service providers and their employees might be prohibited from providing NDIS supports and services, or their provision of NDIS supports or services might be restricted. For example, a banning order may be made against an individual on the ground that he or she is believed not to be suitable to provide supports or services to people with disability because of a criminal conviction or misconduct. The banning might apply to specified activities and for specified time periods. The National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission (‘the Commissioner’) was founded on the 13th...

25 May

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New Rules for Lawyers and Immigration Assistance at the Administrative Appeals Tribunal

Posted by Tom Foran

in Immigration, Litigation

The rules have changed. If you (or someone you know) has experienced a visa application refusal or has had their visa cancelled, and an Administrative Appeals Tribunal (“AAT”) review is available, this post has relevance to you. Immigration Assistance Section 276 of the Migration Act 1958 (the “Act”) provides for the definition of “Immigration Assistance”. The definition includes situations where a person uses their knowledge or experience of migration procedures to provide advice, and to prepare visa applications and visa cancellation review applications. Preparing materials for a review application with the AAT in relation to a visa application or visa cancellation matter and...

23 April

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A Visa Application Refusal and Visa Cancellation Matters

Posted by Tom Foran

in Immigration, Litigation

Changed decision-making requirements: Ministerial Direction #90 To help protect the Australian community, the Australian government refuses visa applications by non-citizens that have engaged in serious conduct. A visa holder could have their visa cancelled because they have engaged in criminal activity. If a visa application is refused or a visa cancelled, there can be huge ramifications for the individual involved. The non-citizen’s Australian family members too can experience repercussions. Children living in Australia are severely impacted if their parent or caregiver’s visa is cancelled, and they are subsequently removed from Australia. The decision to refuse a visa application or to cancel a visa...

01 April

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New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact

Posted by Tom Foran

in Litigation

This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds will be made. The changes could impact upon non-citizens that have a criminal record and that have applied for a visa; those that have received a notification from the government that their visa might be cancelled; and those that have already had their visa cancelled and would like to get it back. If you have already made a response to the government about one of these types of matters and await the outcome, you should read on! Potential...

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

Real Estate Agent Licences in Queensland

NDIS Quality and Safeguards Commission – Banning Orders

New Rules for Lawyers and Immigration Assistance at the Administrative Appeals Tribunal

A Visa Application Refusal and Visa Cancellation Matters

New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact

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