Legal Insights & Defence Guidance from Our Blog

16 August

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Case Summary – Serious Assault Person Over 60 (Road Rage Incident)

OFFENCES: Serious assault person over 60 SOLICITOR: Erin Mitchell COURT: Southport Magistrates Court DATE: April 2023 TRIAL/ PLEA: Plea of guilty FACTS Our client found themselves involved in a road rage incident and unfortunately, due to a ‘heat of the moment’ decision, they were ultimately charged with assaulting a person over 60, an offence that carries a maximum penalty of 7 years imprisonment.[1] Due to the serious nature of the charge, namely, that it involved an act of violence/ causing physical harm to another person, a sentence of imprisonment is not a last resort[2], even for a person with limited or no criminal history. By way of...

31 July

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Coercive Control

Posted by Colleen Battersby

in Criminal Law & Offences

New domestic violence laws in Queensland to criminalise coercive control On 10 May 2022, the Premier, Annastacia Palaszscuk announced plans to introduce legislation in Queensland to make coercive control a criminal offence. This was influenced by the 2020 death of Ms Hannah Clarke and her three children, who were murdered by her estranged husband, Mr Rowan Baxter and the October 2021 ‘Hear Her Voice’ report by the Women’s Safety and Justice Taskforce. This report outlined how best to legislate against coercive control and made 89 recommendations to the Queensland Government about essential reforms required to the domestic violence service and justice systems. What is...

17 July

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Admission to the Legal Profession: What you should know

Posted by Chris Korbel

in Litigation

It certainly is an exciting time after completing university, completing your practical legal training (or supervised traineeship) and applying for admission as a legal practitioner. It is the culmination of years of hard work, constant learning and pursuit of excellence (and perhaps some late nights) which is a feat in itself. The last hurdle to overcome is to comply with the requirements of an application for admission as a legal practitioner, and to obtain the approval of the court. The Queensland Law Society provides ‘admission kits’ for both practical legal training students and supervised trainees. At the time of drafting this article, the...

07 July

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Recent Changes to Health Practitioner Regulation Laws

Posted by Potts Lawyers

in Litigation

Introduction The Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2022 (Qld), was passed with an amendment on 13 October 2022, which expands AHPRA’s functions and powers to regulate Australian health practitioners. According to AHPRA, the changes will be applied automatically in each state and territory – except in New South Wales and South Australia where those governments will make a regulation to confirm the changes and in Western Australia where a corresponding amendment Bill will go through the WA parliamentary process. Overall, more than 800,000 health practitioners will be affected by the new changes to the legislation. What are the...

03 July

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New Australian Citizenship Pathway for NZ Citizens

Posted by Tom Foran

in Immigration

We've been getting a lot of enquiries recently regarding the new Australian Citizenship Pathway so we've put together an explainer video. There's been a massive shift in Australian Citizenship Laws recently, and many people are welcoming these changes to the law....

03 July

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Consequences of breaching professional boundaries as a health practitioner

Posted by Chris Korbel

in Litigation

Introduction Every health practitioner who is registered with the Australian Health Practitioner’s Agency (‘AHPRA’) are also governed by the board of their respective profession. For example, the Psychology Board of Australia governs psychologists. Each of these boards has its own standards, including ethical standards and code of conduct requirements for health practitioners. Some bodies share the same code of conduct with each other, whilst others have their own code of conduct. A commonality with the codes of conduct across all the bodies which govern the health professions is the concept of ‘professional boundaries’. This article will provide a general overview of what happens...

30 June

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QUEENSLAND POLICE SERVICES NOW CANCELLING MORE FIREARMS LICENCES THAN EVER BEFORE

Posted by Potts Lawyers

in Litigation

Recent Changes to QPS Weapons Licensing Unit Guidelines Since the introduction of new guidelines for the issuing of firearms in Queensland, Potts Lawyers has received a substantial increase in enquiries concerning: The cancellation of existing weapons licences; and The refusal of new weapons licence applications. Why is the QPS Weapons Licensing Unit Taking this Approach? In early 2021, the QPS adopted guidelines which results in automatic cancellation or rejection of firearms licences and applications, respectively. We wrote an article on this topic last year which can be located here: https://pottslawyers.com.au/blog/2022/10/07/strict-guidelines-by-qps-for-weapons-licensing-appeal-weapons-license-refusal/ The guidelines appear to be a response to a report published by the...

26 June

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Case Study – Jurisdictional Objection to an Unfair Dismissal Case

Posted by Chris Korbel

in Litigation

We previously successfully acted for an employer who was served with an unfair dismissal application. The applicant was self-represented. In our client’s submissions we raised jurisdictional objections on the basis that: the applicant had not satisfied the minimum employment period in the context of a small business employer as required under the Fair Work Act 2009 (Cth); and our client was a small business who had complied with the Small Business Fair Dismissal Code. It was submitted in our client’s submissions that by reason of the jurisdictional objections raised, the applicant was not entitled to protection from unfair dismissal under the Fair...

22 June

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QBCC Licence Applications and Fit and Proper Person Test

Posted by Potts Lawyers

in Litigation

Who needs a QBCC Licence? In Queensland, individuals require licences to work in the building and construction industry. These licence applications are assessed by the Queensland Build and Construction Commission (“QBCC”). QBCC Licences are required for many trades, including but not limited to: Air handling duct installation Brick and segmental paving Bricklaying and blocklaying Builder (low rise, medium rise, open) Builder Restricted (shopfitting, structural landscaping, kitchen, bathroom, and laundry) Cabinet making Concreting Carpentry Fire Systems (Passive, water-based, and electrical based) Floor finishing and covering (hard sector) Foundation work (piling and anchors) Gasfitting Glass, glazing and aluminium Irrigation Joinery Mechanical Services (plumbing,...

19 June

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Case Study – Residential Tenancy Disputes

Posted by Chris Korbel

in Litigation

We previously successfully acted for clients who were involved in a residential tenancy dispute. The Situation Our clients were renting a luxurious property on the Gold Coast and were having communication issues with the property managers. Unfortunately, due to communication issues with the property managers, our clients decided to terminate their residential tenancy lease and vacated the property in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Our clients took steps to try to assist the property managers with finding replacement tenants, including paying for the advertising fee so that the property could be re-advertised online. Unfortunately, none of our client’s prospective...

Case Summary – Serious Assault Person Over 60 (Road Rage Incident)

Coercive Control

Admission to the Legal Profession: What you should know

Recent Changes to Health Practitioner Regulation Laws

New Australian Citizenship Pathway for NZ Citizens

Consequences of breaching professional boundaries as a health practitioner

QUEENSLAND POLICE SERVICES NOW CANCELLING MORE FIREARMS LICENCES THAN EVER BEFORE

Case Study – Jurisdictional Objection to an Unfair Dismissal Case

QBCC Licence Applications and Fit and Proper Person Test

Case Study – Residential Tenancy Disputes

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