Uncategorised Archives - Page 2 of 5

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

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 with the notice...

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

in Litigation, Uncategorised

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

in Criminal Law & Offences, Uncategorised

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

in Litigation, Uncategorised

Introduction The Department of Home Affairs has a branch called ‘AusCheck’ which regulates and monitors the compliance of people who hold an Australian Security Identity Card. This is a complex and technical area of law as there are numerous pieces of legislation which apply. Persons who hold an Australian Security Identity Card have disclosure obligations to AusCheck upon being convicted of an ‘aviation security relevant offence.’ This article will explore an aviation licence holder’s obligation to disclose an aviation security-relevant offence to AusCheck of the Department of Home Affairs. Most holders of an Australian Security Identified Card also hold a licence with Civil...

16 June

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Crime and Corruption Commission

Posted by Jack Bendall

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...

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

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?

Preparing for Your Guilty Plea – the Benefits of Character References

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

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

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