Uncategorised

Picture this: You’re 16 years old, you’re out with your friends and you receive a call from a No Caller ID. You answer the phone and it’s the police on the other end. They tell you that they want to speak with you in relation to a suspected criminal offence. Perhaps you had a few drinks with your friends one night and got into a fight – the police may be investigating an assault offence. Or perhaps you engaged in sexual activity with someone, and that person has gone to the police to make a formal complaint of sexual assault...

03 August

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Cracking the Criminal Code – A Simple Guide to Assault Charges in Queensland

Posted by Colleen Battersby

Assault charges are serious offences that carry significant consequences for those involved. In Queensland, navigating the legal landscape surrounding assault offences can be complex and challenging. If you have been charged with an assault offence, it is important that you understand the nuances of the law, the various types of assault charges, and the potential penalty outcomes available to the court. What does ‘assault’ mean? ‘Assault’ is defined in the Criminal Code as: A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person's consent, or...

30 July

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FAQs for Domestic Violence Matters

Posted by Erin Mitchell

in Domestic Violence, Uncategorised

The laws surrounding domestic violence have changed significantly in the last decade. Over a five year period[1], there was on average, nearly 30,000 applications for a domestic violence filed each year.[2] In this series of blogs, we will answer some frequently asked questions with respect to domestic violence laws in Queensland. Part 1 What is domestic violence? The meaning of "domestic violence" is very broad. It occurs when two people are in a "relevant relationship" and involves behaviour that: is physically or sexually abusive; is emotionally or psychologically abusive; is economically abusive; is threatening; is coercive; or in any other way controls or dominates...

21 July

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Dangerous Driving

Posted by Jack Bendall

Dangerous Driving Dangerous driving is often glorified in movies and video games. It can be considered by some to be harmless fun, free of any consequence. In reality however, dangerous driving quite often can result in serious legal consequences that last far longer than a quick adrenaline rush. This article provides an overview of the penalties that can flow on from conviction of the most common and serious dangerous driving charge (that being, dangerous operation of a motor vehicle), what the police need to prove, potential defences and which court will deal with the charge. What are the penalties for Dangerous Driving ? The...

28 June

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Tapering off Vaping: The New Laws in Australia and What It All Means

Posted by Sabine Keenan

What Is Changing? The long-awaited restriction on the sale and importation of disposable vaping devices in Australia has been looming over vapers, health practitioners and retailers for some time. In December 2023, the first step was taken by the Governor-General in Federal Executive Council to institute Australia’s new anti-vaping through the commencement of the Therapeutic Goods Legislation Amendment (Vaping) Regulations 2023 (the Regulations). The Regulations have initiated a multi-stage push to address the increasing health risks posed by vaping, specifically for young people in Australia. However, despite common misconceptions, not all instances in which disposable vapes are possessed, purchased, sold and imported...

11 February

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The Risks Inherent to Litigation, and How to Avoid Protracted Litigious Proceedings

Posted by Jason Papoutsis

By Jason Papoutsis What is Litigation? Litigation is the process of resolving legal disputes through the court system. Litigation can be initiated by either an individual or a corporation and involves the parties presenting their cases in a formal legal proceeding. Litigation typically involves the preparation of pleadings, the discovery of evidence, motion practice, and the presentation of evidence in court. The ultimate goal of litigation is to resolve the dispute and to obtain a judgment or verdict that is legally binding on the parties. Litigation can be a complex, time-consuming, and expensive process, and it is often advisable to consider alternative dispute...

23 January

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What to do if you are served a Statutory Notice to Attend an Interview or Produce Documents or Information

Posted by Jason Papoutsis

By Jason Papoutsis Introduction A growing number of regulatory agencies in Queensland and Australia have statutory powers to compel a person to produce documents or attend an interview. First and foremost, failing to comply with these notices may amount to an offence. It is therefore important to obtain legal advice if you are served with this type of notice. Depending on the enabling legislation, there may be an exemption to having to comply with that notice, for example, if a person has a ‘reasonable excuse’, or for any other reason stated in that legislation. Before a person decides whether or not they will comply...

30 November

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I’ve received a letter from an insurance company seeking to recover money from me because someone was injured in a motor vehicle accident. What do I do?

Posted by Chris Korbel

Your heart drops. You’ve received a letter from an insurance company or their lawyers seeking to recover money from you, and you don’t know what to do or how to feel. In our experience, it is not unusual for clients to be beside themselves and have many loaded questions, particularly if the motor accident happened a long time ago. If you’re in this situation and you’re reading this article, the first step is to simply breathe and compose yourself. The next step is to read the contents of this article below and call our firm to discuss the legal aspects of your...

15 October

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Preparing for Your Guilty Plea – the Benefits of Character References

Posted by Sabine Keenan

If you are pleading guilty to a criminal charge in the Magistrates Court in Queensland, you will have the option of providing character references to the court as part of your submissions. You are not obliged to present a reference. Nor will failing to provide one be held against you. However, they can prove beneficial to the outcome of your matter. Providing good references may assist your lawyer in highlighting positive aspects of your character, your relationships and your circumstances. Furthermore, in circumstances where your offending could be seen as ‘out of character’, references can help to distinguish you, as a person, from...

04 September

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Department of Home Affairs, AusCheck and Disclosure of an Aviation Security Relevant Offence

Posted by Chris Korbel