01 April

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Using mobile phones while driving – what you need to know

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...

21 February

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Queensland Magistrates Court FAQs

Posted by Cameron Browne

in Criminal Law & Offences, Uncategorised

Written by Criminal Lawyer Cameron Browne. This article explains all of the must know information and answers the most frequently asked questions when attending a Magistrates Court in Queensland. What time do I need to attend the Queensland Magistrates Court? If you have received a notice to appear or signed a bail undertaking, you should attend at the time set out on that document, unless advised otherwise by a lawyer you have engaged. If your case has previously been adjourned off to another day, it is unlikely you will have a fresh notice to appear or bail undertaking. The vast majority of days in...

21 February

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Neighbourhood Disputes

Posted by Genevieve Bowen

in Uncategorised

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...

01 February

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New Code of Conduct for Registered Migration Agents coming into effect 1 March 2022

Posted by Jason Papoutsis

in Litigation

By Jason Papoutsis - Litigation Lawyer A new Code of Conduct for registered migration agents has been prescribed by the Migration (Migration Agents Code of Conduct) Regulations 2021 (the “new Code”). The new Code takes effect on 1 March 2022. The Department of Home Affairs has recommended that all registered migration agents familiarise themselves with the new code to determine whether their business practices need to be changed to comply with the new Code. Registered migration agents can be disciplined or can have their registrations suspended or cancelled for failing to comply with the Code. Any registered migration agent who is accused of contravening...

01 February

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Confiscations Proceedings in Queensland: How Lawfully Obtained Property can be Seized

Posted by Jason Papoutsis

in Litigation

Written by Jason Papoutsis - Litigation Lawyer The Criminal Proceeds Confiscations Act 2002 (Qld) (“the Act”) was enacted with the main object of removing the financial gain and increasing the financial loss associated with illegal activity. This is achieved by seizing the proceeds of crime. What may come as a surprise to many, is that property can be seized and forfeited to the State of Queensland, regardless of whether or not a person is convicted of an offence because of the alleged illegal activity. In other words, even if the serious criminal allegations against you remain unproven, or if you are found to...

01 February

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Navigating the complexities of workplace investigations involving allegations of criminal conduct

Posted by Jason Papoutsis

in Litigation

Written By Jason Papoutsis - Litigation Lawyer When workplace investigations involve allegations which may amount to criminal conduct, a different legal strategy is almost always required to protect the client’s interests. Employees who face serious allegations of criminality in a workplace environment may be in a position where they risk not only losing their job, but also face criminal sanctions (which may include imprisonment). In these cases, employers will also need to be careful on how they handle the investigation and disciplinary process, since there is often significant overlap between the criminal law and employment law aspects of the matter, which are often...

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...

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?

Queensland Magistrates Court FAQs

Neighbourhood Disputes

New Code of Conduct for Registered Migration Agents coming into effect 1 March 2022

Confiscations Proceedings in Queensland: How Lawfully Obtained Property can be Seized

Navigating the complexities of workplace investigations involving allegations of criminal conduct

Search Warrants

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