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Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
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Potts Lawyers > Uncategorised (Page 3)

The Legal Services Commission (LSC) Investigation & Disciplinary Process

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...

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

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...

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

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...

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What is a QP9?

By Erin Mitchell What is a QP9, where do I get it from and what do I do if it contains incorrect information? 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 footage);...

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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 by the changes? Approximately 16,000 engineers registered in Queensland will be...

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From Collaboration to Conflict: When Business Disputes Arise

By Jason Papoutsis What Happens When Your Joint Venture, Business Partnership, or Informal Collaboration With Another Business Turns Sour? 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 there are many benefits to businesses collaborating. Some of these benefits include: Collaborative relationships...

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

By Jason Papoutsis - Litigation Lawyer 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 motor vehicles; Claims for damages as a result of a...

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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...

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