Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Santos Place, Level 6, 32 Turbot Street,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

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Arrest Warrants

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 arrest warrants only. View our article on police search warrants here. What is an Arrest Warrant? Police may apply to a justice of the peace or Magistrate to get a warrant for the arrest of a person who has committed an offence. The police must make the application under oath and state the grounds in which the arrest warrant is sought. The justice of the peace or Magistrate...

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What is drug diversion?

Article by Shelby Smith – Criminal Lawyer What is drug diversion? The Illicit Drug Court Diversion Program (more commonly known as drug diversion) is a sentencing option for offenders pleading guilty to minor drug offences. This program allows the court to deal with the defendant by imposing a good behaviour bond with a  special condition that they attend a once off drug information and education session. A recognisance amount is attached to the good behaviour bond, which you are not required to pay unless you breach the bond. Drug diversion can be an excellent result for our clients because it means that the court...

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I have been charged with an offence in rural or regional Queensland. Can you represent me?

Our criminal lawyers represent clients all over Queensland. In fact, a significant portion of our work is representing clients in regional and rural areas. There are over 120 Magistrates Court locations across Queensland and our criminal lawyers can appear in every one. This article will explain how we act for clients in regional and rural areas. We are extremely experienced in this area and will achieve the best possible result regardless of the court location. Some of our most common regional and rural court locations include: Toowoomba; Mount Isa; Longreach; Emerald; Townsville; Bundaberg; Dalby; Gladstone; and Roma Do I need a local lawyer? The...

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Can I apply to vary a domestic violence order?

Under the Domestic and Family Violence Protection Act 2012 (Qld), an application can be made to vary an existing domestic violence order. If you are considering making an application to vary a domestic violence order, you should seek legal advice. Our expert domestic violence lawyers can provide you with comprehensive advice regarding the court process. We can also prepare the necessary material and represent you in court. Who can apply to vary a protection order? The following people can make an application to vary a domestic violence order: The aggrieved named in the order; The respondent named in the order; A person named in...

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Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand

Being the subject of a complaint which is before the Chartered Accountants Australia and New Zealand (CA ANZ) would no doubt be stressful and daunting. This certainly would be worse if you are going through this process alone. Potts Lawyers regularly assists clients who may (or are) the subject of disciplinary action and our civil and criminal lawyers often work together to protect our client’s interests.  We aim to alleviate our client’s stresses by providing strategic, objective, and realistic advice. It is important to seek legal advice as early as possible and take proactive steps to determine your position. This is not...

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Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand: Case Conference and Referrals to the Disciplinary Tribunal

This article is a continuation of the previous article: Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand  If you have not reviewed that article we recommend that you view that article first before reading this article. This article discusses what may be involved at a case conference or a referral to the Disciplinary Tribunal. It discusses circumstances where the Chartered Accountants Australia and New Zealand (CA ANZ) have received a complaint about alleged breaches by a member of the CA ANZ, and the Professional Conduct Committee (PCC) have decided to convene a case conference or...

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Recent Updates in Queensland Defamation Law

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...

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Subclass 189 New Zealand stream – COVID affected income threshold

Amending legislative instrument from 14 November 2021 In previous posts, we wrote about the special permanent visa pathway set up from 1 July 2017 that is only available to New Zealand citizens. The visa is for New Zealand citizens in Australia that can demonstrate that they have made an economic contribution to Australia. It is the subclass 189 visa New Zealand stream. The pathway is under utilised. The uptake rate is said to be only about 10% of those anticipated to apply for the visa. It is regrettable that few people seem to know about it, nor apply even though they are...

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Charged with an offence during Schoolies 2021? Call our Lawyers for free early advice.

The 2021 Schoolies celebrations are currently in full swing. Whilst the important thing is that you enjoy yourself and celebrate your achievements it is as equally important to remember that what you do at Schoolies could have a lasting and significant impact on your future! At the end of the day, it’s all about choices, make good choices and a good future awaits. Make bad choices and…. well, you get the point. Bad choices at Schoolies could have a lasting impact on your future. If your bad choices lead to a criminal conviction, you could have difficulties with getting a job or traveling...

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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...

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