19 September

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Offences: High-Range Drink Driving (0.270 BAC%)

Solicitor: Billy Gee Court: Southport Magistrates Court Date: 2022 The Charges Our office was approached by our client, a distressed woman who had recently been charged with the serious offence of High Range Drink Driving after having produced a reading of 0.270 BAC%. Mr. Billy Gee of our office conferenced with the client, walking her through her background, the offence, and the Court process and likely outcome. Amongst her chief concerns were the period of disqualification, as well as the effect a recorded conviction might have on her employment. The Situation She worked for Queensland Health and was concerned that a recorded conviction may impede her ability...

13 September

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Youth crime crackdown and how it can impact child offenders

Posted by Colleen Battersby

in Criminal Law & Offences

Background On 22 March 2023, the Strengthening Community Safety (‘SCS’) Act 2023 came into effect amending the youth justice sentencing frameworks. Collectively, the aim of the amendments to the youth justice laws is to strengthen community safety, despite strong opposition from human rights campaigners and experts who warned that this would result in more children being incarcerated. What are the amendments and what do they mean for young offenders? Amendments have been made to the Youth Justice Act 1992 and other legislation which impact the bail and sentencing frameworks for young offenders. How do I apply for bail as a young offender? Bail may be...

08 September

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Skilled Representation Mitigates Sentence: Client Receives Lower Imprisonment Term for Privacy Breach and Child Exploitation Charges in Brisbane

Posted by Mark Williams

in Criminal Law & Offences

Introduction At Potts Lawyers, we are dedicated to providing exceptional legal representation to clients facing complex criminal charges. In a recent case, our client faced three charges under sections 227A and 228B of the Criminal Code 1899 for Recording in Breach of Privacy and Making Child Exploitation Material in Brisbane. With the expertise of our experienced lawyer and Director Mark Williams, we diligently advocated for our client's rights and achieved a favourable outcome in the Brisbane District Court. Effective Representation by Mark Williams Our highly skilled lawyer and Director Mark Williams was entrusted with handling our client's case. With extensive knowledge of criminal law and a...

05 September

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Civil Aviation Safety Authority and Disclosure of an Aviation Security Relevant Offence

Posted by Chris Korbel

in Litigation

Introduction The Civil Aviation Safety Authority regulates, among other things, holders of aviation licenses (such as the different types of pilot licences). The Civil Aviation Safety Authority has regulatory powers under numerous legislation and is considerably more complex than other areas of law. Holders of aviation licenses have disclosure obligations upon being convicted of an ‘aviation security relevant offence’. It is important that if you are a holder of an aviation licence you are not only aware of this obligation but that penalties may apply if you fail to comply with this obligation. This article will explore an aviation licence holder’s obligation to...

04 September

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Department of Home Affairs, AusCheck and Disclosure of an Aviation Security Relevant Offence

Posted by Chris Korbel

in Litigation, Uncategorised

Introduction The Department of Home Affairs has a branch called ‘AusCheck’ which regulates and monitors the compliance of people who hold an Australian Security Identity Card. This is a complex and technical area of law as there are numerous pieces of legislation which apply. Persons who hold an Australian Security Identity Card have disclosure obligations to AusCheck upon being convicted of an ‘aviation security relevant offence.’ This article will explore an aviation licence holder’s obligation to disclose an aviation security-relevant offence to AusCheck of the Department of Home Affairs. Most holders of an Australian Security Identified Card also hold a licence with Civil...

30 August

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Yellow card – change in police information or risk assessment matter

Posted by Chris Korbel

in Litigation

Introduction If you hold a yellow card, you have obligations to disclose certain information to the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships (‘Department’). The Department is governed by the Disability Services Act 2006 (Qld) and other related legislation (‘Act’). This article will not discuss all the information that a person with a yellow card must disclose, and will only address a yellow card holder’s obligation to disclose a change in police information or risk assessment matter. If there is information that could be or is relevant to disclose to the Department in relation to a change of...

23 August

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Are you a fit and proper person to be admitted to the legal profession?

Posted by Chris Korbel

in Litigation

Introduction A person applying for admission to the legal profession must satisfy the court that they are a ‘fit and proper' person at the time of their admission, as part of the admission process, to be successfully admitted to the legal profession. Generally, whether an applicant is ‘fit and proper' depends on the particular circumstances and facts of each case. This article will provide an overview of the court's role in relation to an application for admission and provide a broad overview of an applicant's duty of candor to the court together with commentary concerning the outcome of a matter where an application...

22 August

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Academic Misconduct – The General Process

Posted by Chris Korbel

in Litigation

Introduction Facing allegations of academic misconduct is no doubt a stressful time for students. A finding of academic misconduct can not only adversely affect a student's grade or enrolment in a university but also their prospective registration to practice within a specific field or even future employment. If you find yourself in this position it is important that you take the allegation(s) with the utmost seriousness and seek assistance as soon as possible, preferably as soon as you become aware of the allegation(s). This article will provide a general overview of the process in relation to academic misconduct and highlight the importance of...

21 August

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Case Study – 2 x Contravention of Domestic Violence Order

Posted by Jack Bendall

in Criminal Law & Offences

Matter: 2 x Contravention of Domestic Violence Order Court Brisbane Magistrates Court Maximum penalty: 3 years imprisonment Solicitor: Jack Bendall Date: March 2023 Overview Our client was a named respondent on a protection order, his partner was the aggrieved. As a result of the protection order being made he was subjected to a number of conditions. These conditions included him having no contact with the aggrieved, and was prohibited from being within 100 metres of the aggrieved, unless with her written permission. A few months after this protection order was made, our client was charged with contravening the order. This was in circumstances where the aggrieved and...

16 August

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Case Summary – Serious Assault Person Over 60 (Road Rage Incident)

Posted by Shantelle Wallace

in Criminal Law & Offences

OFFENCES: Serious assault person over 60 SOLICITOR: Erin Mitchell COURT: Southport Magistrates Court DATE: April 2023 TRIAL/ PLEA: Plea of guilty FACTS Our client found themselves involved in a road rage incident and unfortunately, due to a ‘heat of the moment’ decision, they were ultimately charged with assaulting a person over 60, an offence that carries a maximum penalty of 7 years imprisonment.[1] Due to the serious nature of the charge, namely, that it involved an act of violence/ causing physical harm to another person, a sentence of imprisonment is not a last resort[2], even for a person with limited or no criminal history. By way of...

Offences: High-Range Drink Driving (0.270 BAC%)

Youth crime crackdown and how it can impact child offenders

Skilled Representation Mitigates Sentence: Client Receives Lower Imprisonment Term for Privacy Breach and Child Exploitation Charges in Brisbane

Civil Aviation Safety Authority and Disclosure of an Aviation Security Relevant Offence

Department of Home Affairs, AusCheck and Disclosure of an Aviation Security Relevant Offence

Yellow card – change in police information or risk assessment matter

Are you a fit and proper person to be admitted to the legal profession?

Academic Misconduct – The General Process

Case Study – 2 x Contravention of Domestic Violence Order

Case Summary – Serious Assault Person Over 60 (Road Rage Incident)

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