Litigation Category | Potts Lawyers

03 August

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Real Estate Agent Licences in Queensland

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...

04 March

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Workplace Investigations and Responding to Allegations of Misconduct

Posted by Chris Korbel

in Litigation

At face value, responding to allegations of misconduct may seem simple; you put forward your version of events and that’s it, right? Not exactly. This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as one might think. Reason 1 - Procedural Fairness A crucial requirement of any workplace investigation is generally that the subject of alleged misconduct must be afforded procedural fairness. Put simply, this means that sufficient and appropriate opportunities must be provided to the subject to respond, and all evidence which is being relied upon by the decision-maker ought to...

04 March

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To Show Cause or not Show Cause – Is that Really A Question?

Posted by Chris Korbel

in Litigation

By Chris Korbel The title of this article might be familiar to some or might be a vague memory of something that you have heard someone say once before in a Year 5 English class. If you can’t recall why the title seems familiar, the title of this article is a reference to William Shakespeare’s Hamlet. “To be or not to be, that is the question” is the first line of Prince Hamlet’s soliloquy in which the prince contemplates some very serious matters concerning life. Another way of putting those words is “to exist or not to exist, that is the...

12 February

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Responding to Show Cause Letters

Posted by Potts Lawyers

in Litigation

If you have received a show cause letter, it is important that you obtain legal advice and assistance with responding to the allegations against you. This applies to people who are both guilty and innocent of the conduct alleged. This article discusses the purpose of show cause letters, the common forms of show cause letters, and why legal advice is so important to ensuring you attain a successful outcome. What is a Show Cause Letter? A show cause letter (also known as a show cause notice), is a letter sent to a person which provides them with an opportunity to respond to an allegation mounted against...

02 February

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From Collaboration to Conflict: When Business Disputes Arise

Posted by Potts Lawyers

in Litigation, Uncategorised

What Happens When Your Joint Venture, Business Partnership, or Informal Collaboration With Another Business Turns Sour? An increasing amount of businesses across the world, and here in Queensland, are collaborating with other businesses. These types of collaborative relationships are very common these days, whether it’s GoPro & Redbull, a social media influencer who has entered into an agreement to promote a business and attend events, or your local coffee shop teaming up with a surf shop down the street. This recent trend should come as no surprise, as there are many benefits to businesses collaborating. Some of these benefits include: Collaborative relationships provide both...

15 January

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Weapons Licensing Matters in Queensland

Posted by Potts Lawyers

in Litigation

Australian attitudes towards gun laws are arguably much more sensible than those in the United States, where mass shootings and gun related violence are a common occurrence. The rest of the world sees Australia, and the lessons learned from the Port Arthur massacre, as a leading example of why gun laws should be strengthened. It is evident that the strengthening of gun laws in Australia has generally led to a downturn in gun related homicides and crimes, and since Australian gun laws were strengthened, no mass murders similar to Port Arthur have occurred since. Despite this, gun laws and gun safety...

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

Workplace Investigations and Responding to Allegations of Misconduct

To Show Cause or not Show Cause – Is that Really A Question?

Responding to Show Cause Letters

From Collaboration to Conflict: When Business Disputes Arise

Weapons Licensing Matters in Queensland

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