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(07) 5532 3133
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Rooms 3&4/70 Woodlark Street,
Lismore NSW 2480
(02) 6616 2101

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Social Media Defamation: What to Look Out For

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 must contain information or material...

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

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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Changes to the Mental Health Act

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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What should I wear to court?

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

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

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

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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Can criminal charges affect my sporting career?

Introduction In addition to penalties imposed at sentencing, a criminal charge can have a substantial impact on your life. Sometimes, simply being charged with a criminal offence could have you disciplined by your club or the sporting body you are affiliated with. As Queensland’s largest private criminal defence firm, Potts Lawyers are entrusted by amateur and elite athletes to protect their interests not only on the criminal front, but also to ensure minimal impact to their careers. We understand that athletes are given an exemplary amount of media attention, but you won’t find our lawyers going out of their way to jump in...

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Increased Police Powers During Commonwealth Games: How They Will Affect Your Rights

Increased Police Powers during Commonwealth Games: How they will affect your rights During the Commonwealth Games period, police across the Gold Coast, Brisbane, Townsville and Cairns are afforded extended powers for the purpose of ensuring public safety. However, as acknowledged by the Queensland Law Society and the Queensland Council for Civil Liberties, these extended powers can also have negative impacts on residents of Queensland and visitors to the state.   Duration The extended powers apply between 10 March 2018 and 18 April 2018. Some locations may have the extended powers applying for a shorter time during this period.   Protective Security Zones (PSZs) The extended powers apply in...

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