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Dispute Resolution: 4 Key Factors to Consider when Assessing Whether You Need a Lawyer

2 goats locking horns over civil ligitation dispute

Introduction In the modern world, disputes arise in a wide variety of ways, whether in your personal life or in the course of running a business.   At the heart of every dispute is a disagreement or argument with respect to one or more issues between parties. A majority of the disputes which we encounter in everyday life resolve on their own, and without legal intervention.   However, in many cases, parties to a dispute are not able to resolve the dispute amongst themselves, and the dispute remains unresolved. An unresolved dispute may strain the relationship between the parties.  Even worse, an unresolved dispute may...

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Ministerial Direction no. 99 – New legislation for non-citizen character assessment

Australian passports in a pile

New legislation for non-citizen character assessment to take effect from 3 March 2023 Non-citizens in Australia that do not pass the ‘character test’ are liable to have their Australian visa cancelled or their visa application refused. The character test is found in paragraph 6 of section 501 of the Migration Act 1958. There are various grounds under which a person can fail the character test. A person that fails even one ground will not pass. Amongst the various ways that they can fail the character test is: if they have a ‘substantial criminal record’; if they have been convicted for sexually based offences...

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Case Summary – Strike Out Application and Appeal

Judge sitting behind desk with hands clasked over the top of an open book

Introduction In the matter of Goldenwater & Ors v Chan & Ors, Potts Lawyers appeared for, and successfully assisted, the plaintiffs with opposing two applications brought by the defendants to a Supreme Court proceeding. Both applications were dismissed by Flanagan J. The first defendant appealed Flanagan J’s decision, and the Court of Appeal heard and dismissed that appeal. The scope of this case summary is to discuss the first application brought by the defendants, and the appeal brought by the first defendant.   The Defendants’ Strike Out Application On 8 October 2020, Flanagan J heard two applications brought by the defendants in this matter. The first...

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Potential hazards of being a ‘FinFluencer’

Man recording a video for social media using his phone mounted on a tripod

Introduction In the current digital age, social media and the online world has made information easily accessible and disseminated. Similarly, communication between people is now literally available at people’s fingertips. As a consequence of the rise of social media and the online world, there has been influential people who are able to captivate an audience on a large scale. In particular, there is a sub-type of influencers referred to as ‘FinFluencers’ which is a colloquial reference to someone on social media or on the online world who provides financial advice, products or services generally without having the required licence. This article will outline a...

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Defamation and Serious Harm

Gavel on a pile of notes labelled defamataion

Introduction On 1 July 2021, the Defamation Act 2005 (QLD) (‘Act’) was amended to incorporate, among other things, a new element for the cause of action of defamation. That new element is referred to as the ‘serious harm’ element. Read our outline of the amendments to the Defamation Act which came into effect on 1 July 2021. This article will discuss case law subsequent to the amendments to the Act on 1 July 2021 which has elucidated the concept of the serious harm element in defamation dispute matters.   General Advice Only This article is general in nature and should not be construed or relied upon...

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Queensland Coroner Release Of Body Disputes And Competing Claims

Wooden sign reading coroners court

Introduction to Release Orders and Competing Claims In Queensland, the timely release of a deceased person’s body for burial or cremation is prioritised by the State Coroner to minimise any distress which may be caused to family members. Accordingly, since these matters are expedited, family members are often only given a few days to provide submissions to the coroner if there is a competing claim for the release of the body. Potts Lawyers has assisted many clients in competing claims for the release of the body of a family member.  This usually occurs in circumstances where the deceased died intestate (without a...

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New Strict Guidelines Imposed by QPS for Weapons Licensing – How to Appeal a Weapons License Refusal

QLD firearms license image

Introduction In Queensland, and all other states and territories in Australia, a person must have a Weapons Licence (also referred to as a firearms licence in other jurisdictions) to possess and use a firearm.   In each jurisdiction within Australia, a person must demonstrate a “genuine reason” for holding a Weapons Licence, and all firearms must be registered by serial number to the licenced owner. In the wake of mass shootings and increased firearms related deaths in other countries, such as the United States, these restrictive firearms regulations seem sensible and are required to ensure public safety. In Queensland, the Queensland Police Service...

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Workcover Claims Against Uninsured Employers

unsinsured employers potts lawyers

What are an Employer’s Responsibilities in Queensland with respect to health and safety?   Generally, in Queensland, employers and business owners have a legal responsibility known as the primary duty of care in the Work Health and Safety Act 2011. To meet your duty of care, you must: provide a safe work environment; ensure safe use, handling and storage of machinery, structures and substances; make sure your facilities are well-maintained and at an acceptable standard; give your workers any information, training, instruction or supervision needed for safety; keep an eye on the health of workers and conditions at your place of work; ...

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University Investigations involving Allegations of Misconduct or a Breach of the Student Code of Conduct

Code of Conduct

Introduction Students who face allegations of misconduct with their educational institutions, are increasingly engaging lawyers to obtain advice in defending those allegations. This article explores the many reasons why students are entrusting lawyers to assist them in these situations. Obviously, a finding of misconduct could have an adverse impact on your ability to complete your degree or certificate since the disciplinary action may include suspension or even expulsion from the University.  In the case of expulsion, some credits may not be transferrable or the student may be required to move to a different region to complete there studies at another university. These consequences can...

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What To Do When A Notification Has Been Made To AHPRA About Your Conduct As A Health Practitioner

What are notifications under the National Law? A notification made to the Australian Health Practitioner Regulation Authority (AHPRA) against a health practitioner is an expression of concern about the health practitioner’s conduct or fitness to practice.   A notification is usually made by members of the public, or in some cases health practitioners are required to make mandatory notifications in specific circumstances. A notification may result in an investigation by AHPRA, which could lead to a finding that the practitioner has engaged in conduct which is unsatisfactory, unprofessional, or in the most serious instance, misconduct.  In these cases, the health practitioner who is...

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