Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Level 1/420 George St,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

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Potts Podium April 2021

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------There are growing concerns within the legal profession about the length of time it is taking for trial listings in the Southport Courthouse. Bill Potts, Director at Potts Lawyers, states that one contributing factor is the recent legislative changes to maximum penalties for certain criminal offences, which has meant that more accused people seek to defend against allegations. Other members of the profession highlight resourcing difficulties and too few courtrooms and judges to service the Gold Coast area. Chief Judge Brian Devereaux has indicated that the Southport case load and court date availability is similar to that in Brisbane or...

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Youth Justice and Other Legislation Amendment Bill 2021

Youth Justice and Other Legislation Amendment Bill 2021 On 25 February 2021, Hon Mark Ryan MP, Minister for Police and Corrective Services and Minister for Fire and Emergency Services, introduced the Youth Justice and Other Legislation Amendment Bill 2021 (the Bill) and referred it to the Legal Affairs and Safety Committee (the committee) for detailed consideration. The Bill amends the Youth Justice Act 1992 to respond to the characteristics of the offending behaviours of serious recidivist youth offenders and strengthen the youth justice bail framework. The amendments to the Youth Justice amendment build on the Queensland Government’s Five Point Action Plan, announced...

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Animal Cruelty in Queensland 

Animal Cruelty in Queensland  By Michael Warren In Queensland, the current legislation regarding animal cruelty is the Animal Care and Protection Act 2001 and the Criminal Code 1899. Animal Care and Protection Act 2001 superseded the Animals Protection Act 1925. This objectives of the Animal Care and Protection Act 2001 act was to achieve reasonable balance between the welfare needs of animals and the interest of people who keep animals. Further it was to maintain and legislate community expectations for how animals should be treated. When first released, any person found guilty of animal cruelty was liable to a maximum of 1,000 penalty units or...

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What is a QP9?

What is a QP9, where do I get it from and what do I do if it contains incorrect information? By Erin Mitchell What is a QP9? A QP9 (also known as a Court Brief) is a document prepared by the Queensland Police Prosecutions when a person is charged with an offence. It outlines the exact charge/s against you and a summary of the alleged facts of the offence. It is also usually accompanied by a copy of your criminal and/or traffic history. It can contain other important information such as a summary of what other evidence might exist (eg. CCTV...

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Enhanced Enforcement & Deterrence Regulations for Queensland Engineers

ENHANCED ENFORCEMENT & DETERRENCE REGULATIONS FOR QUEENSLAND ENGINEERS The New Regulatory Regime Comes Into Effect on 1 March 2021 The Board of Professional Engineers Queensland (BPEQ) has been protecting the public and setting the standards for engineers in Queensland for almost a century.   But soon, the BPEQ will have enhanced investigative and enforcement powers, bringing it up to speed with many other regulatory bodies in Queensland and Australia.  It is anticipated that the strengthening of the regulatory regime will lead to audits, investigations, and possibly also disciplinary action and criminal charges against engineers and the firms who employ them. Who is affected...

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From Collaboration to Conflict:  What Happens When Your Joint Venture, business partnership, or Informal Collaboration with Another Business Turns Sour?

By Jason Papoutsis 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 are many benefits to businesses collaborating. Some of these benefits include: Collaborative relationships provide both businesses the opportunity to create unique events which attract large crowds (ie,...

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Allegations of Criminal Wrongdoing in Civil Disputes – What You Need to Know

Allegations of Criminal Wrongdoing in Civil Disputes – What You Need to Know By Jason Papoutsis Individuals who are alleging (or have been accused of) criminal wrongdoing in a civil dispute should think twice about settling those disputes themselves without the assistance of lawyers. Some examples of civil disputes where criminal conduct is also alleged include: Claims for the recovery of debts or liquidated demands of money; Claims for unpaid wages or unfair dismissal, and other employment disputes,; Claims arising out of contract between a consumer and trader, or two traders; Claims for damage to property; Claims in defects for goods, including...

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Family Violence and Australian Partner Visas

1000 Partner visa application approvals each week and a very common problem According to statistics published by the Department of Home Affairs, in the 2019 to 2020 financial year, 52,479 Australian Partner visa applications were lodged. That is about 1000 applications each week. 96,361 applications were in the pipeline at the end of June 2020, awaiting processing. An article in the Medical Journal of Australia[1] explains that it is difficult to specify the incidence rate of family violence. The incidence rates depends upon the definition used; and whether the data comes from community crime victim surveys, community samples, or prevalence studies in...

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High Court orders a re-trial for a man who violently stabbed and bludgeoned his wife to death in front of their children – Bill Potts comments

A man who had been sentenced to life in jail for stabbing and bludgeoning his wife to death in 2016  has been granted a re-trial by the majority of the High Court. The High Court found that the trial judge wrongly instructed the Jury about how they (the jury) could consider the defence of provocation and if it applied in this case. Background Section 304 of the Criminal Code (Qld), a person is only guilty of manslaughter (and not murder) if that person unlawfully kills another (a)in the heat of passion, (b)caused by sudden provocation, and (c)before there is time for the person’s passion...

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Potts Lawyers Awarded Leading Criminal Law Firm

            Potts Lawyers Awarded as a Leading Criminal Law Firm by Doyle’s Guide 2020 Managing director, Rob Franklin is pleased to announce that Potts Lawyers has again been recognised by the prestigious Doyle’s Guide as a “first tier” leading criminal law firm in Queensland. Director Bill Potts has been named as a leading criminal lawyer whilst director Cameron Browne, Mark Williams and Erin Mitchell have been named as a recommended criminal lawyers. Andrew Hanlon has been announced the criminal law rising star and the firm has also been recognised as the Leading Traffic & DUI defence lawyers in Queensland. It is heartening to see that amongst the total of...

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