09 April

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An Overview of the Human Rights Act 2019: The rights you probably didn’t know you have

On February 27, 2019 Queensland Parliament passed the Human Rights Bill 2018. The Human Rights Bill 2018 introduces the Human Rights Act 2019 (the Act) into Queensland legislation. Some provisions of the Act are due to operate from 1 July 2019 with the remaining provisions due to operate on 1 January 2020. Queensland is the third state or territory to enact human rights legislation after Victoria and Australian Capital Territory. This monumental occasion affords greater protection for Queenslanders as a whole, but particularly certain disadvantaged Queenslanders who previously did not have access to much needed protection. 23 Fundamental Human Rights The Bill will...

01 April

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Domestic Violence Proceedings – Costs on Appeal

Posted by Adam Moschella

in Domestic Violence

Article by Adam Moschella, Criminal Lawyer at Potts Lawyers Given the prevalence of applications for protection orders being filed and heard by the Magistrates Court parties can sometimes be put to unnecessary expense responding to said applications, especially where those applications are then appealed to the District Court. With most being justified applications by those genuinely requiring protection, some applicants seek orders with the intention of using the order against the responding party to, for example gain an unfair advantage against a party in family law proceedings. 1. Can costs be awarded in domestic violence proceedings? Traditionally, where applications for protection orders are heard and...

12 February

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Three laws parents in Queensland should know about (but probably don’t)

Posted by Danielle Hanson

in Criminal Law & Offences, General Law News

Article by Danielle Hansen, Criminal Lawyer At what age can you leave your child unattended? Kids across Queensland are well and truly back to school for the year. In this article, we have outlined the laws surrounding the safety and protocol parents of children in Queensland should be aware of, particularly: leaving your children unattended; how kids are to travel in cars; and disciplining your child (particularly smacking). We suspect that most parents are unaware that to leave your child unattended and without supervision can be a criminal offence. It is a controversial topic that has received a lot of attention in the media and...

31 January

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Did you know that you could get done drink driving on an electric scooter?

Posted by Erin Mitchell

in Criminal Law & Offences

Article by Erin Mitchell, Senior Criminal Lawyer On Saturday 13 January 2019, a man in his 40s was intercepted by Police in Brisbane riding one of those new green electric scooters that you see parked around the Brisbane CBD. It is alleged the man was riding the scooter without a helmet and proceeded through a red light without stopping. When Police intercepted him, they breathalysed him and he returned a reading of 0.174% blood alcohol concentration (BAC). The man was charged with driving under the influence – a high range drink driving offence, given the reading was over 0.15% BAC. Can this be correct? Can...

29 January

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Bill Potts Interview with ABC on Magistrates’ Court Backlog

Posted by Potts Lawyers

in Criminal Law & Offences

Our Founding Director and President of the Queensland Law Society, Bill Potts, was interviewed by ABC's Rebecca Levingston in relation to the current backlog of cases in Queensland's Magistrates' Court. Click below to listen to the extract. [audio mp3="https://pottslawyers.com.au/wp-content/uploads/2019/01/Bill-ABC-Interview.mp3"][/audio] The full radio show "Mornings with Rebecca Levingston" for Thursday 24 January 2019 is available here: https://www.abc.net.au/radio/brisbane/programs/focus/mornings/10724970 About Bill Potts As one of Australia’s most senior criminal defence lawyers, Bill models a philosophy of client service, a strong work ethic, a passion for winning and an appreciation of the finer points of criminal law advocacy. What that means for all clients of Potts Lawyers is access to the strongest possible...

29 January

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Queensland Drug and Alcohol Court

Posted by Erin Mitchell

in Criminal Law & Offences

Article by Erin Mitchell, Senior Criminal Lawyer Queensland Drug and Alcohol Court So many of our clients, and their families, ask if there is some type of penalty option where a person can be ordered to attend a rehab facility instead of jail and for a number of years, the answer has been “no”. Today, 29 January 2019, marks one year since the Queensland Drug and Alcohol Court commenced in Brisbane. As criminal defence lawyers, we were relieved to see such an important feature of our criminal justice system re-established. The Drug and Alcohol Court QLD has a focus on assisting those persons...

08 January

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Unlawful striking causing death – “One punch can kill”

Posted by Adam Moschella

in Criminal Law & Offences

Article by Adam Moschella On 18 December 2018 the Queensland Court of Appeal handed down their decision in the matter of R v Renata; Ex parte Attorney-General for the State of Queensland [2018] QCA 356. Most would be aware of the facts of this case given the heavy media attention the matter has received. In the early hours of the morning on 3 January 2016, in Fortitude Valley’s Chinatown Mall, the respondent, Mr Renata struck the deceased, Cole Miller to the jaw once with a clenched fist while his back was turned (this type of act is more commonly described as a...

18 December

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Real estate professionals charged with a criminal offence. What are the consequences and do you have to disclose this?

Posted by Craig DoRozario

in Criminal Law & Offences, Disciplinary Law

Article by Craig DoRozario Who does this apply to? In Queensland, all practising real estate agents, auctioneers and resident letting agents (eg most on-site managers for bodies corporate) must hold relevant licences and comply with the rules set out under the Property Occupations Act 2014 (Qld) (“the Act”). Real estate agents in Northern New South Wales and other parts of Australia are not subject to this Act, however similar legislation may exist in other states and territories. While we are able to assist real estate agents outside of Queensland, this article applies only to those who are currently practising, or wish to...

06 December

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Queensland Courts now text defendants to remind them of their court date

Posted by Potts Lawyers

in Criminal Law & Offences

Do you struggle to remember your court date? Read on! After a successful trial in Mackay in 2018, the Queensland Courts will now send SMS messages to adult defendants on bail to remind them of the date and time for their next court appearance. This SMS reminder service will be available to all adult offenders (18 years and over) who have been granted bail by the Magistrates Court or police watchhouse, and who have supplied a mobile phone number to the court house. This service will start across Queensland from 7 December 2018. The reminders will be sent to the defendant one business...

27 November

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Going for a night out? These are the laws you need to be aware of

Posted by Danielle Hanson

in Criminal Law & Offences

Article by Danielle Warren, Criminal Lawyer In 2014, the Queensland government passed laws about how you can behave at or near places where alcohol is being sold and supplied. Police also have powers to respond quickly to anti-social behaviour around these areas. The areas include licensed premises (such as bars and clubs), special areas known as ‘safe night precincts’ or events where alcohol is being sold or served. The laws were introduced to minimise alcohol and drug-related violence, disturbances, and public disorder in certain areas. It would be wise to read this before you leave for a night out. What offences could I...

An Overview of the Human Rights Act 2019: The rights you probably didn’t know you have

Domestic Violence Proceedings – Costs on Appeal

Three laws parents in Queensland should know about (but probably don’t)

Did you know that you could get done drink driving on an electric scooter?

Bill Potts Interview with ABC on Magistrates’ Court Backlog

Queensland Drug and Alcohol Court

Unlawful striking causing death – “One punch can kill”

Real estate professionals charged with a criminal offence. What are the consequences and do you have to disclose this?

Queensland Courts now text defendants to remind them of their court date

Going for a night out? These are the laws you need to be aware of

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