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The Ways That COVID-19 Has Changed Bail Applications

Do you have a loved one currently in custody awaiting a trial/sentence? Are you worried about their wellbeing during this COVID-19 pandemic? Read on. The unusual circumstances we currently all find ourselves in are unprecedented. Businesses and government departments are having to change the way they do things – almost on a weekly basis. Queensland Corrective Services (QCS) is no exception. In order to follow the Government’s recommendations and directions for public safety during this time, the prisons have gone into various stages of lockdown. At the time of writing, Stage 3 restrictions are in place, which means that QCS has already...

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Virus releases domestic violence brake

A key means of preventing an escalation of domestic violence matters during the COVID-19 lockdown has been dealt a major blow with the cancellation of men's face-to-face behavioural counselling sessions. Anti-domestic violence campaigners say there is no substitute for the court-ordered group therapy, where abusers are confronted by peers. The two-hour meetings, which are normally attended by between six and 20 men over 26 weeks, were shut down last month. The forums are where emotions often overflow, tears are shed and anger vented within a controlled atmosphere, says Men's Referral Service CEO Jacqui Watt. MRS has been operating nationally for more than 25 years...

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Challenges of court trials during COVID

Legal experts are in uncharted territory as courts face significant challenges providing public justice during the COVID-19 pandemic. Social distancing measures are already in place in courts, but judges and barristers have discussed logistics for prisoners ahead of a high-profile criminal trial due to start next month. The matter involves a number of defendants who are remanded in prison ahead of their case being heard. Public courts usually give defendants the opportunity to confront their accusers face-to-face and verdicts where charges are serious are decided by a jury. But amid the coronavirus outbreak, there are no jury trials and many prisoners appear by video-link...

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Potts Lawyers and Corona Virus – Willing and available to assist those who need advice

  The Corona Virus is changing the way that all aspects of our society operate on a daily basis. Like many Australian businesses, small and large, Potts Lawyers is working to adapt to a rapidly changing landscape We will be maintaining a team of solicitors to service all of the legal needs, of all of our clients, during this period.  We remain willing and available to assist those who need legal advice.    Whilst there have been some changes, our court system is still operating, and we continue to represent people in criminal law and commercial litigation on a daily basis.  Protecting our client’s interests and rights...

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Corona Virus – Police powers to enforce lockdowns and isolation directives

Corona Virus - COVID-19 - Offence provisions and police powers to enforce lockdowns and isolation directives The Corona virus or COVID-19 has changed the way in which we know life now and is likely to continue to change our lives into the future.  We hear on the news or in press conferences about directives being issued.  Directives to avoid mass gatherings, to self-isolate and requiring social distancing. We are told that if people disobey such directives, then they can be fined and even imprisoned. Potts Lawyers have outline all the ‘must know ‘information in regard to police powers and rights with lockdowns, isolation...

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Queensland Courts Response to COVID-19 crisis

Queensland Courts Response to COVID-19 crisis In response to the current COVID-19 crisis courts throughout Queensland are instigating a range of measures with a view to limiting the exposure of parties involved in court proceedings to the risk of infection.   Guidelines have now been issued by the Supreme, District and Magistrates courts outlining the steps they will be taking to ensure the health and safety of all parties during the coming period. These include measures such as postponing all new jury trials in the District and Supreme Courts, excusing the personal appearance of defendants in some matters and prioritising the hearing of matters that...

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New lemon car laws introduced to protect consumers who have bought defective or faulty vehicles

WHEN LIFE GIVES YOU LEMONS At Potts Lawyers we receive many enquiries about new car buyers buying a lemon car. A “lemon” is a common term for a vehicle that turns out to have several manufacturing defects affecting the safety, value, or utility of that vehicle. Most Australian states did not previously have ‘lemon laws’. Lemon laws are aimed at protecting consumers against defects in new vehicles, and usually require the manufacturer to repair, replace, or refund the consumer’s vehicle. Beginning 1 September 2019 the Queensland government finally introduced new lemon laws to protect consumers who purchase defective motor vehicles. The changes came...

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Impact of Human Rights Act on Criminal Matters in QLD

Adam Moschella - Criminal Lawyer at Potts Lawyers is a member of the Queensland Law Society Human Rights and Public Law Committee. In this article, he draws attention to the potential impact on criminal law matters of the recent introduction of human rights laws in Queensland. Brief History of the Human Rights Act in Australia On 1 January 2020 the Human Rights Act 2019 came into force in Queensland. This makes our state one of only three jurisdictions in Australia to enact specific human rights legislation. The other jurisdiction being the Australian Capital Territory and Victoria. The main objects of the Act are...

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Part I – The Requirements of Unfair Dismissal

When an employee is dismissed from their employment, an important consideration for the parties is determining whether the dismissal was unfair. Failing to consider this factor can lead to issues for an employer and may entitle the employee to compensation. There are particular circumstances where an employer is well within their right to dismiss a person from their employment, which is usually based on justified and well-established grounds for dismissal. In some cases, an employee is might have been dismissed on the basis of unsubstantiated allegations or inappropriate personal reasons. Whatever the circumstance, it is important to note that time limits apply to...

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