19 March

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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...

25 February

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

Posted by Jason Papoutsis

in Traffic Law

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...

23 January

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Impact of Human Rights Act on Criminal Matters in QLD

Posted by Adam Moschella

in General Law News

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...

21 January

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Part I – The Requirements of Unfair Dismissal

Posted by Chris Korbel

in Litigation

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...

16 January

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The law of double jeopardy in Queensland confirmed – Director of Public Prosecutions v TAL [2019] QCA 279

Posted by Adam Moschella

in Criminal Law & Offences, General Law News

An application pursuant to s678B of the Criminal Code 1899. Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. This was the first occasion that a court in Queensland has heard such an application. Brief Background The respondent was charged with the deceased’s murder. The only issue at the respondent’s 1988 trial was the identity of the killer. The jury acquitted the respondent. The application arose as a...

14 January

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Domain Name Disputes – An easy option?

Posted by Chris Korbel

in Litigation

The internet has provided a platform for businesses and individuals to gain greater access to a wider audience and market share by registering a domain name. Some of these businesses and individuals rely on their hard-earned and well-established goodwill to continue to operate. Often domain name disputes arise because someone recognises another business or individual’s goodwill and decides to exploit the goodwill of another in order to obtain a commercial benefit. Other times, domain name disputes arise because a competitor has registered a domain name to disrupt another individual or business and is not necessarily seeking to obtain any commercial benefit...

03 December

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Industrial Manslaughter in Queensland  

Posted by Cameron Browne

in Criminal Law & Offences

Queensland Mines Minister Anthony Lynham has announced the intention of the government to introduce new laws in response to the recent spate of Queensland mine deaths – 7 in the past year. An offence of industrial manslaughter will be introduced for the mining sector. The offence of industrial manslaughter does presently exist in Queensland. However, these laws do not yet apply to the mining sector. As an example, earlier this year ‘Multi-Run Roofing’ Director, Gary Lavin was found guilty of reckless conduct after a 62 year old roofer died at a worksite in 2014. He was sentenced to a period of 1...

06 September

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Medical Negligence and Vicarious Liability: Holding the State of Queensland Accountable

Posted by Chris Korbel

in Litigation

Masson v State of Queensland [2019] QCA 80 Losing a loved family member or friend or seeing them in a seriously disabled condition is devastating and can have long term psychological and financial repercussions. In cases where a person has died or suffered unnecessarily as a result of another person’s negligence, there is a possibility that significant compensation may flow from that event. Of course, money cannot take away the pain but it can help ease the financial and other burdens which can ruin the lives of surviving family members and friends. In some cases, there might be a perceived need to ensure...

30 August

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Fair Work Commission General Protection Provisions

Posted by Chris Korbel

in Litigation

Introduction The general protections provisions under the Fair Work Act 2009 (Cth) (the Act) afford certain persons protection from prohibited conduct which would otherwise place an aggrieved person in a disadvantaged position. Breaches of these provisions primarily go before the Fair Work Commission and can resolve early on at a conciliation conference or may proceed all the way to a hearing. The Fair Work Commission provides a cheaper and quicker mechanism for parties to resolve their dispute which may relate to a dismissal or a non-dismissal issue. Alternatively, and in some rare cases, it may be appropriate for a breach of a general...

30 August

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Important Changes to Special Hardship Order Applications

Posted by Shelby Smith

in Criminal Law & Offences

The Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 governs Special Hardship Orders. This regulation has recently been amended. For those wishing to apply for a Special Hardship Order, it is important to understand how these changes may affect you. Special Hardship Order - Restriced Licence Breach Special Hardship Order - Speeding Change 1 – Removal of 21 Day Time Limit Prior to 1 April 2019, eligible drivers had 21 days from the date of their suspension to apply for a Special Hardship Order. This restriction has now been removed to allow drivers to apply for a Special Hardship Order at any time...

Queensland Courts Response to COVID-19 crisis

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

Impact of Human Rights Act on Criminal Matters in QLD

Part I – The Requirements of Unfair Dismissal

The law of double jeopardy in Queensland confirmed – Director of Public Prosecutions v TAL [2019] QCA 279

Domain Name Disputes – An easy option?

Industrial Manslaughter in Queensland

Medical Negligence and Vicarious Liability: Holding the State of Queensland Accountable

Fair Work Commission General Protection Provisions

Important Changes to Special Hardship Order Applications

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