10 November

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Parole in Queensland

Upon being found guilty or by pleading guilty to an offence, a Magistrate or Judge must sentence you. There are various sentencing options available to a judicial officer when sentencing an offender, all of which range in seriousness and severity. The Penalties and Sentences Act 1992 (Qld) allows a Magistrate or Judge to imprison an offender for offences under a range of different legislation, such as the Criminal Code, the Drugs Misuse Act, the Police Powers and Responsibility Act and the Bail Act. For many sentenced jail, parole is a second chance without having to serve part or even the whole term of imprisonment...

10 November

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Recent Updates in Queensland Defamation Law

Posted by Genevieve Bowen

in Litigation

The 1st of July 2021 saw amendments to the Defamation Act 2005 (Qld) (‘the Act’) take effect, keeping Queensland in line with New South Wales, Victoria and South Australia. A single publication rule for publications pertaining to the same defamation matter A serious harm threshold that must be established The mandatory requirement of a concerns notice A scientific or academic peer review defence, and a public interest defence Greater detail on the cap on damages for non-economic loss Important Considerations for Potential Plaintiffs Single Publication Rule: If you believe you have an action at defamation it is important that you note the strict...

22 September

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Can Employers Implement Mandatory Vaccinations?

Posted by Genevieve Bowen

in Corona Virus Laws, Uncategorised

We are no strangers to the ethical complexities that arise when managing competing duties, rights, and interests. Unfortunately, amid a global pandemic, we see many Australian employers and employees across all professions struggling with this challenge. How different workplaces choose to adapt to living with COVID-19 will be on a case-by-case basis. On a global scale we have seen a major rise in mandatory vaccinations, resulting in job losses and restraints on access to specific venues and businesses for those who have not been vaccinated. This article explores the circumstances where mandatory COVID-19 vaccination may be lawful and reasonable, the rights and...

06 September

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Guardianship and Administration Matters

Posted by Genevieve Bowen

in Uncategorised

A loved one has impaired capacity and did not make an Enduring Power of Attorney. Can I make personal or financial decisions on their behalf? Unfortunately, life can take unexpected turns at any moment, and we are not always prepared for what is to come. A person can lose their capacity suddenly, through accident or illness, leaving them unable to formally decide on who can make personal or financial decisions on their behalf. If you are worried that an adult person in your life has lost their capacity to make important decisions, and the person does not have a formal legal instrument...

24 August

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New Zealand Citizens and Australian Permanent Visa Applications

Posted by Tom Foran

in Immigration

Lodging an Australian Permanent Visa Application as an New Zealand Citizen If you are a New Zealand citizen and have been living in Australia from 19 February 2016 or before, and you haven’t already lodged an Australian Permanent Visa application, maybe now is the time for you to get that ball rolling… This post will explain reasons why you might choose to do that – and some reasons why you might not! We will then explain a bit about the eligibility criteria for a special permanent visa pathway that is only available to New Zealand citizens. You might spend time and money...

04 August

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The Legal Services Commission (LSC) Investigation & Disciplinary Process

Posted by Craig DoRozario

in Uncategorised

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...

03 August

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AHPRA Disciplinary Matters for Health Practitioners

Posted by Jason Papoutsis

in Litigation

Why choose Potts Lawyers for AHPRA Matters? Potts team of experienced Civil Litigation Lawyers are highly experienced at assisting health practitioners across Australia who face allegations of impairments or conduct which may amount to unsatisfactory professional performance, unprofessional conduct, and professional misconduct. Get your free 20 minute consultation today. AHPRA Disciplinary Matters for Health Practitioners Health practitioners being investigated for these matters can face immediate action which prevents them from practising, and at the conclusion of those investigations, health practitioners can be subjected to conditions, suspensions, or even have their registration cancelled altogether. Obviously, this type of action taken against a health practitioner can...

03 August

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Preliminary Steps when Responding to an Queensland LSC Investigation Letter

Posted by Craig DoRozario

in Litigation

Our Disciplinary law experts have acted for many Queensland solicitors and barristers who have received a letter from the Legal Services Commissioner notifying of an investigation of a complaint made about them and seeking a response. Do you need an extension to obtain advice and respond? Generally, the initial letter from the LSC advising of the investigation will set out allegations and will seek a response and explanation within a certain timeframe. It is important for practitioner not to feel rushed when responding, which may result in a substandard response. If the lawyer requires more time to obtain advice and consider their position, they...

03 August

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Disciplinary Matters for Queensland Teachers

Posted by Jason Papoutsis

in Litigation

Teachers who are subject to investigations by the QCT should urgently seek legal advice from civil ligitation lawyers experienced in this area of law so that appropriate steps can be taken to protect their registration throughout the course of the investigation. Potts Lawyers is experienced at assisting teachers in Queensland with a wide variety of disciplinary matters and have assisted teachers in avoiding serious findings and sanctions which could lead to onerous conditions on their registration or even completely prevent them from teaching. Disciplinary Matters for Queensland Teachers Teachers in Queensland are mainly regulated by the Education (Queensland College of Teachers) Act 2005...

03 August

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Real Estate Agent Licences in Queensland

Posted by Jason Papoutsis

in Litigation

Everything you need to know: QLD Real Estate Agent Licences Real estate agents who are facing criminal allegations or allegations of breaching the real estate legislation in the course of their practice of property agent work, should seek legal advice immediately from lawyers experienced in criminal law and in disciplinary law matters. Why use Potts Lawyers? Our Civil Litigation Lawyers are experienced at assisting real estate agents in Queensland who face having their licences suspended or cancelled, and also applicants whose licences have not been granted due to suitability matters. Existing licensees can have their licences cancelled due as a result of breaches of...

Parole in Queensland

Recent Updates in Queensland Defamation Law

Can Employers Implement Mandatory Vaccinations?

Guardianship and Administration Matters

New Zealand Citizens and Australian Permanent Visa Applications

The Legal Services Commission (LSC) Investigation & Disciplinary Process

AHPRA Disciplinary Matters for Health Practitioners

Preliminary Steps when Responding to an Queensland LSC Investigation Letter

Disciplinary Matters for Queensland Teachers

Real Estate Agent Licences in Queensland

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