21 February

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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...

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...

22 September

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Can Employers Implement Mandatory Vaccinations?

Posted by Genevieve Bowen

in Corona Virus Laws, Uncategorised

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...

06 September

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Guardianship and Administration Matters

Posted by Genevieve Bowen

in Uncategorised

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...

04 August

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The Legal Services Commission (LSC) Investigation & Disciplinary Process

Posted by Craig DoRozario

in Uncategorised

The Legal Services Commission (LSC) When a lawyer receives a letter from the Legal Services Commissioner about a complaint, it can raise all sorts of fears and anxiety about the process and how the complaint might be resolved. Practitioners should know that not every complaint received by the LSC is notified to the relevant practitioner. A large proportion of complaints are determined to be not to be proper complaints for the Commission to investigate, for various reasons. For example, a client complaint about costs which does not raise conduct issues might not be notified. Although a practitioner might not appreciate it at the...

19 July

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New Offences related to the Reporting of and Protection from Child Sexual Offences

Posted by Lachlan O'Neill

in Criminal Law & Offences, Uncategorised

The Criminal Code (Child Sexual Offences Reform) and other Legislation Amendment Bill (2019) has sought to improve the responsiveness of the criminal justice system to Child Sexual Offending and victims of Child Sexual Offences by amending a range of legislation. Of particular note are two new offences introduced to the QLD Criminal Code, which have come into effect on the 5 July 2021. As a result of these offences: all adults, who gain information causing them to reasonably believe that a Child Sexual Offence is being or has been committed against a child, must report that sexual offending to the police...

13 July

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Ashleigh DoRozario to discuss the need for an accessibility liaison in Queensland Courts with the Attorney-General

Posted by Ashleigh DoRozario

in Firm news, Uncategorised

Potts Lawyers is pleased to announce that Ashleigh DoRozario, a fierce advocate in the disability awareness space, recently met with the Attorney-General, the Honourable Shannon Fentiman MP to discuss the need for an accessibility liaison in Queensland Courts. Ashleigh became aware that there was a gap in the Queensland Courts where solicitors, witnesses, jurors, clients and the like who have a disability felt they couldn’t properly engage with our court systems or judges to allow a ‘fair go’. There were challenges for those with disabilities to get in contact with the Judge or Magistrate to explain that their disability may require the...

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.

Can Employers Implement Mandatory Vaccinations?

Guardianship and Administration Matters

The Legal Services Commission (LSC) Investigation & Disciplinary Process

New Offences related to the Reporting of and Protection from Child Sexual Offences

Ashleigh DoRozario to discuss the need for an accessibility liaison in Queensland Courts with the Attorney-General

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