16 June

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Crime and Corruption Commission

in Criminal Law & Offences, Uncategorised

The Crime and Corruption Commission (CCC) has been prevalent in the news and media articles for some time now, particularly in the lead to the Commission of Inquiry held in relation to its structure, governing legislation and procedures, particularly as they related to the charging and prosecution of criminal offences. It is possible that changes could be made to the CCC’s governing legislation in the future. However, it is valuable to be aware of the organisation’s existing powers, how they may affect those brought before the CCC and why it is paramount that you seek legal advice immediately if contacted by...

30 May

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Unlawful Non-Citizens in Australia

Posted by Tom Foran

in Uncategorised

The Migration Act 1958 (the ‘Act’) provides the legislative requirements for the definition of ‘unlawful non-citizen’. You might be curious how a person can meet that definition. You may wonder about the implications of being an unlawful non-citizen and be interested in hearing if there is anything that someone meeting that definition can do about it. If these questions interest you and you want to know the answers, read on! How someone can meet the definition of being an ‘unlawful non-citizen’ The starting point for understanding who might meet the definition of ‘unlawful non-citizen’ is section 13 of the Act. That section explains that...

22 March

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

Posted by Chris Korbel

in Litigation, Uncategorised

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...

22 February

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

Posted by Genevieve Bowen

in Uncategorised

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...

21 February

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Queensland Magistrates Court FAQs

Posted by Cameron Browne

in Criminal Law & Offences, Uncategorised

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...

21 February

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Neighbourhood Disputes

Posted by Genevieve Bowen

in Uncategorised

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...

26 January

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Search Warrants

Posted by Mark Williams

in Uncategorised

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...

25 January

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What is drug diversion?

Posted by Shelby Smith

in Criminal Law & Offences, Uncategorised

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...

22 December

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Can I apply to vary a domestic violence order?

Posted by Shelby Smith

in Uncategorised

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...

23 November

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

Posted by Joe Wicking

in Uncategorised

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...

Crime and Corruption Commission

Unlawful Non-Citizens in Australia

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

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

Queensland Magistrates Court FAQs

Neighbourhood Disputes

Search Warrants

What is drug diversion?

Can I apply to vary a domestic violence order?

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

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