Legal Insights & Defence Guidance from Our Blog

19 October

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Using a Carriage Service to Menace, Harass or Cause Offence

Using a Carriage Service to Menace, Harass or Cause Offence The use of mobile phones, social media and online messaging has made communication easier than ever. However, communications made online can also result in criminal charges. Section 474.17 of the Criminal Code Act 1995 (Cth) makes it an offence to use a carriage service in a way that reasonable people would regard, in all the circumstances, as menacing, harassing or offensive. The offence can apply to a wide range of communications, including text messages, emails, social media posts, private messages, photographs, videos and telephone calls. The maximum penalty for the offence is 5 years...

14 October

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Beware ChatGPT – It Is Not Your Lawyer

Posted by Ashleigh DoRozario

in General Legal Advice

Beware ChatGPT – It Is Not Your Lawyer There has been an increase of enquiries to Potts Lawyers from people who have either consulted Artificial Intelligence (AI) or ChatGPT about their legal issue, or have utilised AI to prepare a claim or demand, or respond to an issue without success. We get it - knowledge is power, and lawyers are expensive. The problem we are finding, however, is that ChatGPT has significantly harmed the enquirer’s position and we are then engaged to wind back that harm, which causes us to work on your matter for a lot longer than would have been necessary,...

19 May

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What Happens in a Criminal Trial in Queensland?

Posted by Jack Bendall

in Criminal Law

What Happens in a Criminal Trial in Queensland? Understanding what happens during a criminal trial can help ease uncertainty if you or someone you know is facing criminal charges. This article provides a clear overview of what to expect in Queensland criminal courts, including how trials work, who decides the verdict, and what happens at each stage. Will There Be a Jury in a Criminal Trial? A jury will only be present if the criminal trial is held in the District Court or Supreme Court. These are Queensland's higher courts and deal with indictable offences that are too serious to be dealt with...

30 March

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Dog Bite Liability in Queensland: Who Is Responsible for Personal Injury Claims?

Posted by Ashleigh DoRozario

in Personal Injury Claims

Dog Bite Liability Queensland: Laws, Claims and Owner Responsibility Dog bite liability in Queensland is becoming an increasingly important issue as personal injury claims continue to rise. Incidents often involve postal workers, delivery drivers, or visitors entering private property, only to be attacked by a resident dog. So who is legally responsible when a dog causes injury? While many assume liability is straightforward, Queensland law has evolved significantly. Understanding your obligations as a dog owner or your rights as an injured person is essential. Understanding Dog Bite Liability in Queensland The Historical Scienter Rule Traditionally, Queensland followed the scienter rule. Under this rule, a dog...

10 March

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Right to Silence Queensland: What You Must Tell Police and When

Posted by Potts-Lawyers

in Criminal Law

Right to Silence in Queensland: What You Must Tell Police and When “You have the right to remain silent.” Most people believe this statement always applies. However, the right to silence in Queensland is not absolute. While police cannot force you to answer every question, the law does require you to provide certain information in specific situations. If you refuse in those circumstances, police may charge you. Understanding when you must speak and when you can remain silent protects your legal position. Below, we explain how the right to silence works in Queensland, what information you must provide, and when you should contact a...

06 March

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Assault Charges in Queensland: Laws, Penalties and Defences

Posted by Potts-Lawyers

in Assaults And Violence Offences

Assault in Queensland: What Counts as Assault and What Are the Penalties? When most people hear the word assault, they imagine a physical fight. However, assault in Queensland covers far more than punching someone. The law includes threats, minor physical contact, and even certain non-physical conduct. If you face an assault charge, or you want to understand your legal risk, you need clear and accurate information. This guide explains what counts as assault in Queensland, the different categories of offences, and the penalties you could face. What Is Assault in Queensland? Under Queensland law, assault includes: Striking another person Touching or moving another person...

02 March

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Department of Child Safety Investigations Into Alleged Harm of a Child (Carers in Queensland)

Posted by Jean Choi

in Criminal Law

Child Safety Investigation for Carers in Queensland Department of Child Safety Investigation Into Alleged Harm of a Child as a Carer If you are a carer and have received a letter from the Department of Child Safety requesting an interview about alleged harm of a child, it is critical to seek independent legal advice immediately. A Department of Child Safety investigation for carers can feel overwhelming, especially when you do not know what the process involves or what the possible outcomes may be. At Potts Lawyers, we offer a 20-minute obligation-free consultation. Contact our team on 07 5532 3133 to speak with an experienced...

02 March

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Domestic Violence: Key Terms Defined

Posted by Sophie O’Callaghan

in Domestic Violence

Domestic Violence: Key Terms Defined Understanding Domestic Violence Key Terms is essential if you are involved in a domestic violence matter for the first time. Legal language can feel overwhelming, particularly during stressful circumstances. If you have never been involved in a domestic violence (DV) matter before, some terms may be unfamiliar to you. This guide explains Domestic Violence Key Terms in clear, simple language so you can better understand what they mean and how they apply in Queensland. Definitions Aggrieved: The aggrieved is the person who it is alleged experiences domestic violence. Sometimes it’s the person who is most in need of protection, if...

26 February

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Common Questions About the Queensland Civil and Administrative Tribunal (QCAT)

Posted by Jean Choi

in Administrative Law

QCAT Disputes: How the Queensland Civil and Administrative Tribunal Works If you live or work in Queensland, you have likely heard people mention the Queensland Civil and Administrative Tribunal, commonly known as QCAT. Friends, colleagues, neighbours, and even your local barista may have referred to QCAT when talking about disputes, tenancy issues, or consumer complaints. This often leads to the same questions: What is QCAT and how does it work? What types of disputes does QCAT hear? Do I need a lawyer for a QCAT matter? Can a lawyer represent me at QCAT? This article answers the most common questions about the Queensland...

24 February

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Work Health and Safety Act Duties and Offences for Employers in Australia

Posted by Andrew Hanlon

in Employment Law

Work Health and Safety Act Duties and Offences for Employers in Australia Employers across Australia have a legal responsibility to protect the health and safety of workers. Most business owners understand this at a general level. However, many do not realise how broad these duties are, who they apply to, and how severe the penalties can be for non-compliance. The Work Health and Safety Act (WHS Act) sets out strict obligations for employers, officers, workers, and others at the workplace. Importantly, breaches can lead to major fines, criminal charges, and even imprisonment. This guide explains the key WHS duties, offence categories, and the...

Using a Carriage Service to Menace, Harass or Cause Offence

Beware ChatGPT – It Is Not Your Lawyer

What Happens in a Criminal Trial in Queensland?

Dog Bite Liability in Queensland: Who Is Responsible for Personal Injury Claims?

Right to Silence Queensland: What You Must Tell Police and When

Assault Charges in Queensland: Laws, Penalties and Defences

Department of Child Safety Investigations Into Alleged Harm of a Child (Carers in Queensland)

Domestic Violence: Key Terms Defined

Common Questions About the Queensland Civil and Administrative Tribunal (QCAT)

Work Health and Safety Act Duties and Offences for Employers in Australia

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