Legal Insights & Defence Guidance from Our Blog

20 January

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Section 82/84 Witness Hearing Applications

Requesting Cross-Examination in New South Wales Committal Hearings Under Section 82 of the Criminal Procedure Act 1986 (CPA), defendants in New South Wales have the right to request that certain witnesses attend court to give oral evidence during committal proceedings. This right, though not absolute, exists to ensure that justice is served by allowing the defendant to scrutinise witness testimony before trial. In practice, this process is intended to guarantee that all parties gain a clear and comprehensive understanding of the case, enabling a fair trial. Before a “Section 82 application” is made, the defence must first approach the prosecution, often by sending a...

18 January

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Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

Posted by Potts-Lawyers

in Administrative Law

The powers granted to police officers play a crucial role in maintaining public safety and enforcing the law. However, discussions surrounding the extent of police authority, particularly concerning search procedures, have highlighted the ongoing need to balance effective law enforcement with the protection of civil liberties. In New South Wales (NSW), recent debates and legal developments have focused on how police powers are exercised, the safeguards in place to ensure accountability, and the implications for both the public and law enforcement. Police Search Powers Under NSW Law The Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) provides the legal framework for police powers in NSW,...

15 January

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Crime and Cross-Border Operations: Strengthening Australia’s Borders

Posted by Potts-Lawyers

in Criminal Law

Organised crime groups often take advantage of state borders to carry out illegal activities, making things more difficult for law enforcement. To tackle this, Queensland is attempting to meeting this head-on by ex-Qld Police Union President Ian Leavers as Queensland’s first-ever Cross-Border Commissioner. This role was established to address the unique challenges faced by communities along Queensland’s borders, particularly concerning cross-border crime. This includes the borders of New South Wales and Northern Territory. Types of Cross-Border Offences Cross-border offences encompass a range of illegal activities that transcend state or national boundaries. Common examples include: Drug Trafficking: The transportation and distribution of illicit substances...

07 January

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Licence Disqualifications: Getting Back on the Road Sooner

Posted by Sabine Keenan

in Licence Appeals

Have you been disqualified from holding or obtaining a Queensland driver's licence? Are you suffering extreme hardship as a result of your disqualification? Well, depending on the amount of time you have already spent off the road, and the type of hardship you are suffering, you may be able to apply to the courts to have your disqualification period reduced or removed entirely. Licence Disqualifications, Suspensions and Cancellations – What’s the Difference? If you have lost your licence, it may not be immediately clear why you have, and which government body (Transport, the Police or the Court) is, or will be, imposing...

20 December

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Small Voices, Big Protection: Police Interviews of a Child

Posted by Colleen Battersby

in Criminal Law

Picture this: You’re 16 years old, you’re out with your friends and you receive a call from a No Caller ID. You answer the phone and it’s the police on the other end. They tell you that they want to speak with you in relation to a suspected criminal offence. Perhaps you had a few drinks with your friends one night and got into a fight – the police may be investigating an assault offence. Or perhaps you engaged in sexual activity with someone, and that person has gone to the police to make a formal complaint of sexual assault...

10 September

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Dealing with Allegations of Sexual Assault & Misconduct

Posted by Andrew Hanlon

in Sexual Offences

Sexual offences are some of the most common charges dealt with by the criminal courts in Queensland. A number of recent high-profile cases from around the country have highlighted some of the difficulties that can arise in attempting to defend charges of this nature. If you find yourself the subject of allegations of unlawful sexual conduct the steps you take, or don’t take, early on – even before you’ve received any contact from the police – can make a huge difference to the outcome of your matter. The following are some key pieces of general advice for anyone who has reason to...

24 August

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What to know about committal hearings

Posted by Jack Bendall

in Criminal Law

What is a committal hearing? A committal hearing is part of the committal stage for indictable matters and it occurs in the Magistrates Court. Indictable matters are matters that can not be finalised in the Magistrates Court and must proceed to a higher court. They can include a significant number of charges, including rape, indecent treatment of children, grooming and grievous bodily harm. A committal hearing is used to conduct an examination of witnesses with respect to an indictable offence to determine whether a “prima facie” case exists. It involves an analysis of whether there is sufficient evidence to commit the defendant for...

16 August

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FAQs for Domestic Violence Matters

Posted by Erin Mitchell

in Criminal Law & Offences, Domestic Violence

The laws surrounding domestic violence have changed significantly in the last decade. An average of 30,000 domestic violence applications [1] were lodged each year from July 2018 to June 2023 [2]. In this series of blogs, we will answer some frequently asked questions with respect to domestic violence laws in Queensland. FAQs for Domestic Violence Matters - PART TWO My ex took out a DVO against me and I want to engage lawyers to assist me. Can I get any of my legal costs back if I win? The costs provisions of the Domestic and Family Violence Protection Act were amended in August 2023 to...

10 August

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The Defence of Provocation

Posted by Jack Bendall

in Assaults And Violence Offences

The Queensland Law Reform Commission (QLRC) is currently examining a number of defences available under our criminal law. One of these is the defence of provocation and whether this defence should be amended or removed entirely. The QLRC’s review is still in the early stages, with its final report and recommendations expected to be provided in December 2025. In the meantime, all defences, subject to the review, including provocation remain available to those charged with relevant criminal offences. Our office frequently receives enquiries from people charged with criminal offences who may wish to raise the defence of provocation. This article aims...

03 August

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Cracking the Criminal Code – A Simple Guide to Assault Charges in Queensland

Posted by Colleen Battersby

in Assaults And Violence Offences

A Guide to Assault Charges in Queensland Assault charges are serious offences that carry significant consequences for those involved. In Queensland, navigating the legal landscape surrounding assault offences can be complex and challenging. If you have been charged with an assault offence, it is important that you understand the nuances of the law, the various types of assault charges, and the potential penalty outcomes available to the court. What does ‘assault’ mean? ‘Assault’ is defined in the Criminal Code as: A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without...

Section 82/84 Witness Hearing Applications

Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

Crime and Cross-Border Operations: Strengthening Australia’s Borders

Licence Disqualifications: Getting Back on the Road Sooner

Small Voices, Big Protection: Police Interviews of a Child

Dealing with Allegations of Sexual Assault & Misconduct

What to know about committal hearings

FAQs for Domestic Violence Matters

The Defence of Provocation

Cracking the Criminal Code – A Simple Guide to Assault Charges in Queensland

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