Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
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








Potts Lawyers > Uncategorised

What Does Misconduct in an Official Capacity Mean Under the Public Service Act?

When a public service employee is the subject of disciplinary action, a very common ground for disciplinary action under the Public Service Act 2008 (Qld) (‘Public Service Act’) is that the chief executive may discipline the employee if they are reasonably satisfied that the employee has been guilty of misconduct. This is often the first ground put forward by a government department or agency, and is usually followed by an alternative ground such as contravening, without reasonable excuse, a provision of the Public Service Act, or a relevant standard of conduct in a way that is sufficiently serious to warrant disciplinary...

Continue reading

The Inappropriate Forum Test: Does the Court have Appropriate Jurisdiction to Hear my Matter?

This article explores the Queensland Supreme Court’s discretion under rule 127 (2)(b) of the Uniform Civil Procedure Rules 1999 (Qld) to dismiss a case in matters where the court is an inappropriate forum or trial of the proceeding. This article will delve into cases and commentary around rule 127 (2)(b) and additionally the common law doctrine of forum non conveniens (Latin for ‘inconvenient/inappropriate forum’) and the Australian tests used to determine whether a court should assume jurisdiction.   Instituting Proceedings in the Supreme Court To commence civil proceedings the plaintiff must institute proceedings against the defendant, by way of complying with the relevant sections...

Continue reading

Queensland Magistrates Court FAQs

Written by Criminal Lawyer Cameron Browne. This article explains all of the must know information and answers the most frequently asked questions when attending a Magistrates Court in Queensland. What time do I need to attend the Queensland Magistrates Court? If you have received a notice to appear or signed a bail undertaking, you should attend at the time set out on that document, unless advised otherwise by a lawyer you have engaged. If your case has previously been adjourned off to another day, it is unlikely you will have a fresh notice to appear or bail undertaking.  The vast majority of days in...

Continue reading

Neighbourhood Disputes

  Options Available It is important to be aware of how to correctly handle neighbourhood disputes, ensuring that you are pursuing matters in the correct forum, for example, is the matter best suited for QCAT or the Magistrates Court, or should a mediation be facilitated between parties. It’s important to understand the options available to you, through seeking appropriate legal advice that is specific to your matter.   Queensland Civil and Administrative Tribunal (QCAT) Common neighbourhood disputes involve disagreements over dividing fences or trees on adjoining residential property. QCAT can decide and review decisions relating to these matters. For tree disputes, QCAT can make decisions on recovering...

Continue reading

Search Warrants

Written By Mark Williams - Criminal Lawyer The Police Powers and Responsibilities Act 2000 (Qld) gives police officers power to act in ways in which the law allows. In Queensland, there are two main warrants: Arrest Warrants Search Warrants This article relates to search warrants only. View our article on arrest warrants here. Search Warrants Under the Police Powers and Responsibilities Act 2000 (‘PPRA’), there are multiple ways in which police can search a person, that person’s house and/or their vehicle. They may do so with or without a warrant. There are strict conditions in which a police officer must abide by when searching a...

Continue reading

What is drug diversion?

Article by Shelby Smith – Criminal Lawyer What is drug diversion? The Illicit Drug Court Diversion Program (more commonly known as drug diversion) is a sentencing option for offenders pleading guilty to minor drug offences. This program allows the court to deal with the defendant by imposing a good behaviour bond with a  special condition that they attend a once off drug information and education session. A recognisance amount is attached to the good behaviour bond, which you are not required to pay unless you breach the bond. Drug diversion can be an excellent result for our clients because it means that the court...

Continue reading

Can I apply to vary a domestic violence order?

Under the Domestic and Family Violence Protection Act 2012 (Qld), an application can be made to vary an existing domestic violence order. If you are considering making an application to vary a domestic violence order, you should seek legal advice. Our expert domestic violence lawyers can provide you with comprehensive advice regarding the court process. We can also prepare the necessary material and represent you in court. Who can apply to vary a protection order? The following people can make an application to vary a domestic violence order: The aggrieved named in the order; The respondent named in the order; A person named in...

Continue reading

Charged with an offence during Schoolies 2021? Call our Lawyers for free early advice.

The 2021 Schoolies celebrations are currently in full swing. Whilst the important thing is that you enjoy yourself and celebrate your achievements it is as equally important to remember that what you do at Schoolies could have a lasting and significant impact on your future! At the end of the day, it’s all about choices, make good choices and a good future awaits. Make bad choices and…. well, you get the point. Bad choices at Schoolies could have a lasting impact on your future. If your bad choices lead to a criminal conviction, you could have difficulties with getting a job or traveling...

Continue reading

Can Employers Implement Mandatory Vaccinations?

We are no strangers to the ethical complexities that arise when managing competing duties, rights, and interests. Unfortunately, amid a global pandemic, we see many Australian employers and employees across all professions struggling with this challenge. How different workplaces choose to adapt to living with COVID-19 will be on a case-by-case basis. On a global scale we have seen a major rise in mandatory vaccinations, resulting in job losses and restraints on access to specific venues and businesses for those who have not been vaccinated. This article explores the circumstances where mandatory COVID-19 vaccination may be lawful and reasonable, the rights and...

Continue reading

Guardianship and Administration Matters

A loved one has impaired capacity and did not make an Enduring Power of Attorney. Can I make personal or financial decisions on their behalf? Unfortunately, life can take unexpected turns at any moment, and we are not always prepared for what is to come. A person can lose their capacity suddenly, through accident or illness, leaving them unable to formally decide on who can make personal or financial decisions on their behalf. If you are worried that an adult person in your life has lost their capacity to make important decisions, and the person does not have a formal legal instrument...

Continue reading
Click-To-Call Free Consultation