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Brisbane
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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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New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact

This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds will be made. The changes could impact upon non-citizens that have a criminal record and that have applied for a visa; those that have received a notification from the government that their visa might be cancelled; and those that have already had their visa cancelled and would like to get it back. If you have already made a response to the government about one of these types of matters and await the outcome, you should read on! Potential...

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Youth Justice and Other Legislation Amendment Bill 2021

On 25 February 2021, Hon Mark Ryan MP, Minister for Police and Corrective Services and Minister for Fire and Emergency Services, introduced the Youth Justice and Other Legislation Amendment Bill 2021 (the Bill) and referred it to the Legal Affairs and Safety Committee (the committee) for detailed consideration. The Bill amends the Youth Justice Act 1992 to respond to the characteristics of the offending behaviours of serious recidivist youth offenders and strengthen the youth justice bail framework. The amendments to the Youth Justice amendment build on the Queensland Government’s Five Point Action Plan, announced in March 2020, which complements the Youth...

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Animal Cruelty in Queensland 

In Queensland, the current legislation regarding animal cruelty is the Animal Care and Protection Act 2001 and the Criminal Code 1899. Animal Care and Protection Act 2001 superseded the Animals Protection Act 1925. The objectives of the Animal Care and Protection Act 2001 act was to achieve reasonable balance between the welfare needs of animals and the interest of people who keep animals. Further it was to maintain and legislate community expectations for how animals should be treated. When first released, any person found guilty of animal cruelty was liable to a maximum of 1,000 penalty units or a maximum of 2...

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Potts Podium March 2021

The office of the Federal Attorney General has recently approved an extradition request with India for a person of interest in relation to the ongoing murder investigation of Cairns woman, Toyah Cordingley. While this is certainly a step toward finding the killer, caution is urged to temper expectations on how this order will progress the investigation. Former President of the Queensland Law Society and criminal lawyer, Bill Potts, has warned that the extradition process is a lengthy and uncertain one. Mr Potts refers to the hit and run incident which tragically killed Dean Hofstee in Melbourne over a decade ago. That...

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Workplace Investigations and Responding to Allegations of Misconduct 

At face value, responding to allegations of misconduct may seem simple; you put forward your version of events and that’s it, right? Not exactly. This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as one might think. Reason 1 - Procedural Fairness A crucial requirement of any workplace investigation is generally that the subject of alleged misconduct must be afforded procedural fairness. Put simply, this means that sufficient and appropriate opportunities must be provided to the subject to respond, and all evidence which is being relied upon by the decision-maker ought to...

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To Show Cause or not Show Cause – Is that Really A Question?

By Chris Korbel The title of this article might be familiar to some or might be a vague memory of something that you have heard someone say once before in a Year 5 English class. If you can’t recall why the title seems familiar, the title of this article is a reference to William Shakespeare’s Hamlet. “To be or not to be, that is the question” is the first line of Prince Hamlet’s soliloquy in which the prince contemplates some very serious matters concerning life. Another way of putting those words is “to exist or not to exist, that is the...

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What is a QP9?

By Erin Mitchell What is a QP9, where do I get it from and what do I do if it contains incorrect information? What is a QP9? A QP9 (also known as a Court Brief) is a document prepared by the Queensland Police Prosecutions when a person is charged with an offence. It outlines the exact charge/s against you and a summary of the alleged facts of the offence. It is also usually accompanied by a copy of your criminal and/or traffic history. It can contain other important information such as a summary of what other evidence might exist (eg. CCTV footage);...

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Legal Costs: How much will my matter cost?

Legal Costs We are regularly asked by clients for an estimate of what their case will likely cost before the client is engaged. This video with managing director Rob Franklin answers how we deal with the costs involved with your legal matter. https://youtu.be/HN0aSV_256A We'll Provide Costs Upfront Each case is individual, and costs will be discussed in our free initial consultation before the client is engaged. When it comes to costs, we are committed to being absolutely upfront with clients about what their matter is going to cost. In some cases, we're able to provide a fixed fee. In most cases, though, given the uncertainty of what...

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Responding to Show Cause Letters

If you have received a show cause letter, it is important that you obtain legal advice and assistance with responding to the allegations against you. This applies to people who are both guilty or innocent of the conduct alleged.  This article discusses the purpose of show cause letters, the common forms of show cause letters, and why legal advice is so important to ensuring you attain a successful outcome.   What is a Show Cause Letter? A show cause letter (also known as a show cause notice), is a letter sent to a person which provides them with an opportunity to respond to...

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Enhanced Enforcement & Deterrence Regulations for Queensland Engineers

The New Regulatory Regime Comes Into Effect on 1 March 2021 The Board of Professional Engineers Queensland (BPEQ) has been protecting the public and setting the standards for engineers in Queensland for almost a century. But soon, the BPEQ will have enhanced investigative and enforcement powers, bringing it up to speed with many other regulatory bodies in Queensland and Australia. It is anticipated that the strengthening of the regulatory regime will lead to audits, investigations, and possibly also disciplinary action and criminal charges against engineers and the firms who employ them.   Who is affected by the changes? Approximately 16,000 engineers registered in Queensland will be...

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