Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Santos Place, Level 6, 32 Turbot Street,
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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Potts Lawyers >  Blog
28 May
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Social Media Defamation: What to Look Out For

Posted by Jason Papoutsis
in General Law News, Litigation

Article by Jason Papoutsis, Litigation Lawyer As defamation lawsuits in relation to publications made on social media like Facebook and Twitter are continuing to rise, it is important to understand how defamation law extends to the internet and whether there are any additional factors that you need to consider before defending or initiating a defamation dispute.   Are Defamatory Publications on Social Media any different from traditional Defamation cases? Generally, defamation occurs when defamatory material relating to an individual is published. The defamatory publication simply needs to be: communicated by the defendant to a third party other than the plaintiff; must identify the plaintiff; and ...

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18 May
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Bill Potts comments on Aussie Rules player Daniel Lock’s penalty

Posted by Potts Lawyers
in Criminal Law & Offences

Our Founding Director and current Queensland Law Society Deputy President, Bill Potts, was interviewed by Janessa Ekert of the Cairns Post. He commented on the penalty imposed by the Queensland District Court at Cairns on Aussie Rules veteran, Daniel Lock, who plead guilty to causing grievous bodily harm. Former Queensland Law Society president & criminal lawyer Bill Potts said the result was unsurprising and it would have taken extreme gratuitous violence completely outside the play to result in a custodial sentence. He said the precedent for this type of case was set during the '80s and involved former Brisbane Lions coash...

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27 April
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Changes to the Mental Health Act

Posted by Danielle Hanson
in Criminal Law & Offences

There were changes to the Queensland laws surrounding mental health in March 2017 when the Mental Health Act 2016 commenced, replacing the Mental Health Act 2000. Changes to the way charges in the Magistrates Court are dealt with under the Mental Health Act Perhaps one of the biggest changes to new Mental Health Act is the express powers provided to the Magistrates Court to deal with people charged with simple offences (offences punishable in the Magistrates Court). Previously, the Magistrates Court had little power to make orders for matters where the defendant may have been of unsound mind at the time of an offence or...

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27 April
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Are our Courts too lenient on Domestic Violence Offenders?

Posted by Danielle Hanson
in Criminal Law & Offences

The presence of domestic violence in Australia has never been so topical and news-worthy. Victims of domestic violence, focus groups, the community, the government, and the courts have all made it very clear that domestic violence will not be tolerated in Australia. A recent sentence handed down by the Queensland Court of Appeal (the highest court in Queensland) has generated a large amount of public attention and questions have been raised as to whether our courts are being too lenient on perpetrators of domestic violence. In the matter of R v Kelley, Mr Kelley came before the court charged with Assault Occasioning...

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27 April
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What should I wear to court?

Posted by Cameron Browne
in Criminal Law & Offences

This is a question that can often cause people to feel a great deal of anxiety.  This worry is often increased by the fact that the question often fails to arise until the very night before a person is required to attend court. So we have a situation where a person may already be stressed about the morning’s court appearance and suddenly they are struck with the query “what do I wear?” The good news is that the answer comes down to a single word “respect.” Carry yourself with dignity & show respect to the Court A Judge or Magistrate is required by law...

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23 April
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I am receiving a Centrelink payment. What are my obligations? What happens if I fail to meet my obligations?

Posted by Shelby Smith
in Criminal Law & Offences

If you are receiving a social security payment, you need to be aware of your obligations. If you fail to meet these obligations, you can be charged with an offence in addition to having your payment cancelled. For this reason, it is important to ensure strict compliance with the requirements under the Social Security (Administration) Act 1999 (Cth). It must be stressed that this information is not exhaustive and does not constitute legal advice. If you would like specific and detailed information regarding your obligations as a Centrelink recipient, you should seek our advice. WHAT ARE MY OBLIGATIONS? Your obligations as a welfare...

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23 April
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I have been caught drink or drug driving. Why do I need a lawyer?

Posted by Cameron Browne
in Criminal Law & Offences

You may benefit substantially from engaging a traffic lawyer if you have been charged with drink or drug driving, even if you intend to plead guilty to the charge. Answering these charges may be your first experience in court, whereas our criminal lawyers have been appearing on behalf of clients on a daily basis for years. We know what submissions to make to the sentencing magistrate in order for you to have the best chances of receiving a relatively low penalty in your circumstances. Magistrates in Queensland are provided with a range of penalties they can impose. We can advise you on...

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16 April
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What happens to my matter if the law changes after I have been charged?

Posted by Shelby Smith
in Criminal Law & Offences

One of the most challenging aspects of the law is that it changes every day. Changes occur in two ways: New legislation is handed down by Parliament; Courts change the way that the law is interpreted or applied. If there is a change to the law whilst your matter is underway, it can affect the way in which your matter proceeds. It is important to be aware of these changes and the impact they will have on you. This is particularly important in criminal law matters because these changes can affect the outcome of your case. Changes to the law can be divided into...

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