13 June

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Australian Visa Cancellation and Children

Introduction This post is not about cancelling the visas held by non-citizen children! It aims to clarify the specific factors that are relevant when a non-citizen subject to Australian visa cancellation has minor children that live here. All non-citizens living in Australia are potentially subject to visa cancellation. Permanent visas; provisional visas; temporary visas; and bridging visas can all be cancelled under the strict ‘section 501’ character provisions. The cancellation process can be discretionary, or it can be automatically made through the operation of mandatory visa cancellation provisions. The Minister acting personally can cancel a visa, or a decision-maker working in the...

13 June

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Stealing – what is it and what are the penalties?

Posted by Jack Bendall

in Criminal Law & Offences

Stealing, it sounds simple doesn’t it? Don’t take something that is not yours or you will be punished. This is far from the case. Stealing in Queensland is a criminal offence that is dealt with seriously by the courts and when you look at the offence in more detail, you will find that it is complex and can arise in a wide range of circumstances. What is the definition of stealing? What is the penalty for stealing? What court deals with stealing? These are questions that our team receive frequently when advising those charged with stealing offences. This article aims to break down...

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...

12 May

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Rape Convictions Quashed Following Miscarriage of Justice

Posted by Billy Gee

in Criminal Law & Offences

On the 18th of March 2022, the Supreme Court of Brisbane’s Court of Appeal division handed down a decision that effectively quashed two convictions of rape, and revealed an unsettling error of judgement that could have serious implications for court procedure and represents a failure of the justice system. While you may be aware of this recent development, what you may not know is that Potts Lawyers’ very own Sinead Garland - Criminal Lawyer was at the helm, acting as solicitor for the appellant. Her outstanding work led to an order to quash two convictions of guilt that were reached through...

08 April

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How will the Magistrates Court finalise my criminal matter?

Posted by Jack Bendall

in Criminal Law & Offences

Many different types of cases are heard in the Magistrates Court. If you have been charged with a criminal offence you will attend the Magistrates Court at some point. These commonly include minor offences such as: shop stealing & theft offences; disorderly conduct; traffic offences; low level assault charges; dishonesty offences and; drug offences. These are often referred to as summary offences which means they are not required to be transferred to higher courts such as the District or Supreme Court. Instead, these offences can be dealt with in the Magistrates Court. This article outlines how the Magistrates Court can finalise these...

06 April

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Do I have to give police access to my phone?

Posted by Andrew Hanlon

in Criminal Law & Offences

For many of us mobile phones have become an essential tool that we rely upon on a daily basis for tasks including storing information, keeping our schedules, providing us with directions, accessing the internet and allowing us to communicate with others via calls, messages and emails. For this reason, phones have increasingly become a common source of evidence for police investigating criminal matters. Our lawyers commonly receive questions from clients regarding in what circumstances police can require a person to allow access to their phone, just how far these powers stretch and what rights people have to refuse access. When can police...

01 April

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Using mobile phones while driving – what you need to know

Posted by Jack Bendall

in Traffic Law

It is well known that using your mobile phone whilst driving is an offence. Fixed and portable cameras have been operating for some time now, enabling authorities to catch drivers “in the act”. This makes it particularly difficult for drivers to contest allegations of using mobile phones while driving. What you may not know is the penalty for the offence, and for repeat offending has increased significantly. This article aims to break down the legislation for this offence and the penalties associated. What is the offence? The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is...

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 March

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Public Servants and Corrupt Conduct

Posted by Chris Korbel

in Litigation

Public servants who are the subject of a workplace investigation may face allegations which are within the ambit of the Public Service Act 2008 (Qld). Sometimes, during the course of a workplace investigation, an allegation of corrupt conduct may be raised in which case a referral may be made to the Crime and Corruption Commission. On other occasions, a complaint may be made to the Crime and Corruption Commission in relation to conduct which may constitute corrupt conduct. In any case, allegations of corrupt conduct are ordinarily more complex than what they may appear on the surface. There are serious implications which...

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...

Australian Visa Cancellation and Children

Stealing – what is it and what are the penalties?

Unlawful Non-Citizens in Australia

Rape Convictions Quashed Following Miscarriage of Justice

How will the Magistrates Court finalise my criminal matter?

Do I have to give police access to my phone?

Using mobile phones while driving – what you need to know

What Does Misconduct in an Official Capacity Mean Under the Public Service Act?

Public Servants and Corrupt Conduct

The Inappropriate Forum Test: Does the Court have Appropriate Jurisdiction to Hear my Matter?

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