21 January

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Part I – The Requirements of Unfair Dismissal

When an employee is dismissed from their employment, an important consideration for the parties is determining whether the dismissal was unfair. Failing to consider this factor can lead to issues for an employer and may entitle the employee to compensation. There are particular circumstances where an employer is well within their right to dismiss a person from their employment, which is usually based on justified and well-established grounds for dismissal. In some cases, an employee is might have been dismissed on the basis of unsubstantiated allegations or inappropriate personal reasons. Whatever the circumstance, it is important to note that time limits apply to...

14 January

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Domain Name Disputes – An easy option?

Posted by Chris Korbel

in Litigation

The internet has provided a platform for businesses and individuals to gain greater access to a wider audience and market share by registering a domain name. Some of these businesses and individuals rely on their hard-earned and well-established goodwill to continue to operate. Often domain name disputes arise because someone recognises another business or individual’s goodwill and decides to exploit the goodwill of another in order to obtain a commercial benefit. Other times, domain name disputes arise because a competitor has registered a domain name to disrupt another individual or business and is not necessarily seeking to obtain any commercial benefit...

06 September

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Medical Negligence and Vicarious Liability: Holding the State of Queensland Accountable

Posted by Chris Korbel

in Litigation

Masson v State of Queensland [2019] QCA 80 Losing a loved family member or friend or seeing them in a seriously disabled condition is devastating and can have long term psychological and financial repercussions. In cases where a person has died or suffered unnecessarily as a result of another person’s negligence, there is a possibility that significant compensation may flow from that event. Of course, money cannot take away the pain but it can help ease the financial and other burdens which can ruin the lives of surviving family members and friends. In some cases, there might be a perceived need to ensure...

30 August

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Fair Work Commission General Protection Provisions

Posted by Chris Korbel

in Litigation

Introduction The general protections provisions under the Fair Work Act 2009 (Cth) (the Act) afford certain persons protection from prohibited conduct which would otherwise place an aggrieved person in a disadvantaged position. Breaches of these provisions primarily go before the Fair Work Commission and can resolve early on at a conciliation conference or may proceed all the way to a hearing. The Fair Work Commission provides a cheaper and quicker mechanism for parties to resolve their dispute which may relate to a dismissal or a non-dismissal issue. Alternatively, and in some rare cases, it may be appropriate for a breach of a general...

26 July

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Costs in Civil Litigation

Posted by Chris Korbel

in Litigation

The commencement of litigation is generally viewed as the ‘last resort’ in a dispute and connotations which are implicitly conveyed often flow to the other party which are analogous to a UFC match when the contenders enter the octagon and the announcer says: it’s…time… While it can be viewed as the only remaining option, in most civil matters where parties are represented, the matter will not go forward to a full trial in the courts. Most parties will reach a settlement which can be achieved by numerous means and is often in the best interests of everyone involved, and may also...

10 June

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Criminal Proceeds Confiscation and When the Proceeding will be Stayed

Posted by Chris Korbel

in Litigation

The Criminal Proceeds Confiscation Act 2002 (Qld) (‘the Act’) applies when the State of Queensland confiscates the proceeds of crime and property connected to persons convicted of particular serious drug offences. Section 8 of the Act states that proceedings under the Act are civil proceedings and not criminal proceedings, which, among other things, means that: Questions of fact must be decided on the ‘balance of probabilities’ and not the criminal and rigorous requirement of ‘beyond a reasonable doubt’; and The rules of evidence only apply to the extent that they do in civil proceedings. Nevertheless, the civil proceeding can and often runs...

09 April

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GAME OF DEBTS – How do I recover money owed to me?

Posted by Chris Korbel

in Litigation

In our modern age debt recovery is not only a common occurrence where disputes arise between parties, but as some Game of Thrones zealots may argue, brings shame and flagrant disrespect to the Lannister household and its family mantra that Tyrion Lannister is well known for: ‘A Lannister always pays his debts’. Unfortunately, not everyone in today’s society shares or honours the Lannister’s sentiments and disputes can arise from seemingly small amounts to an incredibly large sum of monies. What is Debt Recovery and what is the First Course of Action? Before we explore what happens in Debt Recovery, it is prudent to provide...

01 June

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Ashleigh DoRozario receives commendation from Governor of Queensland

Posted by Potts Lawyers

in General Law News, Litigation

A big congratulations to our litigation team member, Ashleigh DoRozario. Last night Ashleigh was honoured at Government House and named one of the 60 most influential people in the 60 year history of MS Queensland. This is the second commendation Ashleigh has received from His Excellency The Honourable Paul de Jersey AC, Governor of Queensland, having previously been named MS Queensland Young Person of The Year. Ashleigh was diagnosed with an MS-related disease in 2009 and despite becoming legally blind due to the condition, she continues to work at Potts Lawyers and is now entering the final year of her law degree,...

28 May

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Post-employment Obligations: Restraint of Trade and Non-Solicitation

Posted by Jason Papoutsis

in General Law News, Litigation

Article by Jason Papoutsis, Litigation Lawyer What Employees and Employers should know Quite often, when the employer-employee relationship ends, employees often forget that some of the clauses within their employment agreements often extend beyond the employer-employee relationship. Even in circumstances were no employment contract exists, employees might still owe a fiduciary duty to their employer which may extend beyond the employer-employee relationship. Common issues that often arise in relation to restrain of trade and non-solicitation include: former employees working with one of their main competitors and/or divulging trade secrets to that competitor; former employees opening up a new business which directly competes with their...

Part I – The Requirements of Unfair Dismissal

Domain Name Disputes – An easy option?

Medical Negligence and Vicarious Liability: Holding the State of Queensland Accountable

Fair Work Commission General Protection Provisions

Costs in Civil Litigation

Criminal Proceeds Confiscation and When the Proceeding will be Stayed

GAME OF DEBTS – How do I recover money owed to me?

Ashleigh DoRozario receives commendation from Governor of Queensland

Post-employment Obligations: Restraint of Trade and Non-Solicitation

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