Legal Insights & Defence Guidance from Our Blog

27 April

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Cancellation of visas for those who commit crimes in Australia

Non-citizens: Can I remain in Australia if I have a criminal conviction? For non-citizens, including permanent residents and special category visa holders (New Zealanders), having a criminal conviction may lead to deportation or involuntary removal from Australia. A criminal conviction (even if no conviction is recorded) may also affect those on work or travel visas. What is the “character test”? Section 501(3A) of the Migration Act 1958 (Cth) states that the Minister must cancel a visa that has been granted to a person if the person does not pass the “character test”. A person will fail the character test if: the person has a “substantial criminal record”...

11 January

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Potts says new anti-bikie laws are a step forward – but not without problems

Posted by Potts-Lawyers

in Firm news

The Queensland Law Society has applauded the Palaszczuk Labor Government for dispatching the LNP’s flawed and unworkable VLAD anti-bikie laws to the dustbin of history. However, Society president Bill Potts said the new Serious and Organised Crime Legislation Amendment Bill had its own inherent shortcomings and problems – but was a marked step forward from the previous legislation. “QLS is delighted the government has repealed the Newman LNP Government’s controversial Vicious Lawless Association Disestablishment Association Act – which was the subject of considerable criticism among the legal profession,” he said. “The Society has always strongly advocated for evidence-based legislation and policy. “We have always...

11 January

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Appointment of Queenslander as nation’s first female High Court Chief Justice a worthy and inspired choice

Posted by Potts-Lawyers

in Firm news

Queensland Law Society has praised the Federal Government for its appointment of esteemed jurist Susan Kiefel as the nation’s first female High Court Chief Justice. President Bill Potts said the appointment was a just and warranted recognition for the tireless leadership and contribution Justice Kiefel had made to the judiciary since her appointment to Queensland’s Supreme Court in 1993. “Justice Kiefel’s appointment is most welcome and the decision to appoint her is probably the easiest one Prime Minister Turnbull will have to make during his tenure; Her Honour is clearly the best person for the job,” Mr Potts said. “She is not only...

11 December

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Bill Potts Comments On Baden-Clay Conviction Downgrade

Posted by Potts-Lawyers

in Firm news

Bill Potts, President elect of the Queensland Law Society 2016 comments on the Court Of Appeals decision to downgrade Gerard Baden-Clay conviction of murder to manslaughter. Potts explains how the court came to their decision and says that many legal experts aren’t surprise by the downgrade. He says the public should have confidence in the legal system and said the decision made by the three Court of Appeal judges, including Chief Justice Catherine Holmes, is the right decision according to Law. The Court of Appeal after looking at all of the evidence was perfectly satisfied that the jury got it right. That is – that...

15 July

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Man Jailed For Unprovoked Attack Over Note On Door

Posted by Potts-Lawyers

in Assaults And Violence Offences

A NEIGHBOUR just wanting peace and quiet was assaulted for his troubles. And one of the men involved was jailed for his unprovoked attack. The 46-year-old mine worker had left a note on a neighbour’s door explaining that his partner was ill and that he was on nightshift. About 4.45pm on May 30 this year several people, including Andergrove resident Christos Panagakos, knocked on the victim’s door holding the note asking what it was all about, the Mackay Magistrates Court was told. Panagakos ripped the security screen door from its hinges, stepped forward and punched the man in his head several times, prosecutor Sheena...

29 August

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Bill Potts Appears for Boys Charged With Theft of SeaWorld Penguin

Posted by Potts-Lawyers

in Firm news

Bill Potts appears in the Southport Magistrates Court for 2 men charged with stealing Dirk the Penguin from SeaWorld.

22 August

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Lawyer Casts Doubt Over Police Killers Crackdown

Posted by Potts-Lawyers

in Firm news

ABC online A Gold Coast criminal defence lawyer has questioned the effectiveness of introducing tougher penalties for killing police officers. Queensland Parliament last week passed new laws, which will increase the non-parole period for murder from 15 to 20 years. Anyone who reoffends or kills a police officer would face a lengthier jail term. Solicitor Bill Potts says the laws appear to be an emotional response to the death of Detective Senior Constable Damian Leeding last year. “Adding five years to a non-parole period for the killing of a police officer is simply going to have no effect by way of deterring people but appears...

09 August

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Moves to Drug Test Students

Posted by Potts-Lawyers

in Administrative Law

PARENTS on the Fraser Coast might face the prospect of their kids undergoing random drug tests in the future if moves by The Southport School on the Gold Coast to test their students are successful. Prominent criminal defence lawyer Bill Potts said the whole area was a potential legal minefield. “There’s a real fear the school authorities have not thought this through,” he said. “If the school finds evidence of drugs in a student’s system, does the school notify the police? “Does it then become an arm of the police and if it does not report the student to police, is the school thus...

02 August

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Crime Levy Passes Queensland Parliament

Posted by Potts-Lawyers

in Firm news

The State Government says it expects to raise more than $12 million a year by charging convicted criminals a court levy. New laws passed in Parliament last night will force convicted offenders to pay $300 for Supreme and District Court matters. The levy in the Magistrates Court will be $100. Attorney-General Jarrod Bleijie has told the House it will be imposed on top of other court penalties. “There is provision for the offender levy to be paid on the day of the court, or registered with the State Penalties Enforcement Registry (SPER),” he said. “By utilising SPER the government is expecting to collect in excess...

02 August

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Reporting Cuts Would Delay Justice: Lawyer

Posted by Potts-Lawyers

in Firm news

A Gold Coast lawyer says court proceedings will take much longer to complete if jobs are cut at the State Reporting Bureau (SRB). SRB staff have told the ABC they are deeply concerned about a News Limited report suggesting 200 jobs will be outsourced. It is understood management is urgently seeking confirmation of the cuts from the Attorney-General Jarrod Bleijie. SRB is responsible for recording court proceedings and providing transcripts to lawyers, juries and the public. Gold Coast lawyer Bill Potts says scaling back the service would severely impact the delivery of justice. “Trials, which cost anything up to $30,000 to $50,000 will be delayed,”...

Cancellation of visas for those who commit crimes in Australia

Potts says new anti-bikie laws are a step forward – but not without problems

Appointment of Queenslander as nation’s first female High Court Chief Justice a worthy and inspired choice

Bill Potts Comments On Baden-Clay Conviction Downgrade

Man Jailed For Unprovoked Attack Over Note On Door

Bill Potts Appears for Boys Charged With Theft of SeaWorld Penguin

Lawyer Casts Doubt Over Police Killers Crackdown

Moves to Drug Test Students

Crime Levy Passes Queensland Parliament

Reporting Cuts Would Delay Justice: Lawyer

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