Legal Insights & Defence Guidance from Our Blog

25 May

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New Rules for Lawyers and Immigration Assistance at the Administrative Appeals Tribunal

The rules have changed. If you (or someone you know) has experienced a visa application refusal or has had their visa cancelled, and an Administrative Appeals Tribunal (“AAT”) review is available, this post has relevance to you. Immigration Assistance Section 276 of the Migration Act 1958 (the “Act”) provides for the definition of “Immigration Assistance”. The definition includes situations where a person uses their knowledge or experience of migration procedures to provide advice, and to prepare visa applications and visa cancellation review applications. Preparing materials for a review application with the AAT in relation to a visa application or visa cancellation matter and...

23 April

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A Visa Application Refusal and Visa Cancellation Matters

Posted by Tom Foran

in Immigration, Litigation

Changed decision-making requirements: Ministerial Direction #90 To help protect the Australian community, the Australian government refuses visa applications by non-citizens that have engaged in serious conduct. A visa holder could have their visa cancelled because they have engaged in criminal activity. If a visa application is refused or a visa cancelled, there can be huge ramifications for the individual involved. The non-citizen’s Australian family members too can experience repercussions. Children living in Australia are severely impacted if their parent or caregiver’s visa is cancelled, and they are subsequently removed from Australia. The decision to refuse a visa application or to cancel a visa...

15 April

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Potts Lawyers Recent News 2021

Posted by Meg Darbyshire

in Firm news, General Law News

Welcome to Potts Lawyers Recent News. Where Bill Potts, our founding director provides you with the latest law commentary on contemporary and trending issues. We are here to help law students, those in the law profession and the general public with an insight into the latest law news around the nation. This month, Bill highlight's the growing concerns within the legal profession about the length of time that it is currently taking for trial listings in the Southport Courthouse. Criminal lawyer weighs in on effectiveness of ankle bracelets The effectiveness of ankle bracelets is the topic of this interview with Luke Bradnam on...

01 April

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New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact

Posted by Tom Foran

in Litigation

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...

29 March

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Youth Justice and Other Legislation Amendment Bill 2021

Posted by Michael Warren

in Criminal Law & Offences

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...

11 March

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Animal Cruelty in Queensland

Posted by Michael Warren

in Criminal Law & Offences

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...

09 March

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Potts Podium March 2021

Posted by Potts Lawyers

in Criminal Law & Offences

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...

04 March

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Workplace Investigations and Responding to Allegations of Misconduct

Posted by Chris Korbel

in Litigation

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...

04 March

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

Posted by Chris Korbel

in Litigation

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...

18 February

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What is a QP9?

Posted by Erin Mitchell

in General Law News, Uncategorised

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);...

New Rules for Lawyers and Immigration Assistance at the Administrative Appeals Tribunal

A Visa Application Refusal and Visa Cancellation Matters

Potts Lawyers Recent News 2021

New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact

Youth Justice and Other Legislation Amendment Bill 2021

Animal Cruelty in Queensland

Potts Podium March 2021

Workplace Investigations and Responding to Allegations of Misconduct

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

What is a QP9?

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