Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Santos Place, Level 6, 32 Turbot Street,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

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Suitability & Eligibility Requirements for obtaining your Rideshare Licence for Queensland

What licence do I need to work in the rideshare industry? Individuals looking to work as drivers in the transport and rideshare industry (such as Taxis, Uber, Lyft, Ola, Didi, Bolt, and GoCatch, etc) are required to hold; A current Australian open drivers licence or alternatively a restricted drivers licence issued under section 87 of the TORUM; and A “Passenger Transport Driver Authorisation” from the Department of Transport and Main Roads (“TMR”). A Passenger Transport Driver Authorisation (known simply as a “Driver Authorisation”) is an approval that forms part of a regulatory system by which the TMR decides who is suitable to...

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What can I Expect if I Have Been in Possession of Child Exploitation Material (‘CEM’) in Queensland?

It is an offence in Queensland for a person to be in possession of Child Exploitation Material. Section 228D of the Queensland Criminal Code states that the maximum penalty for a person who knowingly possesses child exploitation material is 14 years imprisonment.   What is Child Exploitation Material? Child Exploitation Material, referred to as ‘CEM’ is defined as material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years – (a)  In a sexual context, including for example, engaging in a sexual...

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The Preamble to Ministerial Direction 90

Introduction All non-citizens in Australia hold a visa that is in effect. If they do not, then they meet the definition of ‘unlawful non-citizen’. Visa-holders can lose their visa, and therefore lose their right to lawfully remain in Australia – they immediately become unlawful. Non-citizens can lose their visa through both ‘general’ cancellation provisions and through ‘character’ cancellation provisions. When a visa is automatically cancelled because the non-citizen is not of good character and the mandatory visa cancellation provisions have been triggered, the non-citizen is permitted to seek revocation of that decision. Very tight timeframes apply. After the non-citizen files documents to initiate...

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Duty to Prevent Insolvent Trading Under the Corporations Act

Managing cashflow in any business is critical from an operations perspective, but it is also critical from the perspective of a director of a company. There can be serious consequences if a director of company allows (whether deliberately or unknowingly) fails to prevent a company from trading insolvent or from trading in a way that will make the company insolvent. Depending on the circumstances, a breach of this duty could attract criminal or civil penalties.   It's Essential to Seek Legal Advice Our firm has lawyers who specialise in civil litigation and criminal law and we pride ourselves on providing high quality services to assist...

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Duty to Disclose Material Personal Interest Under the Corporations Act

We understand that balancing business and personal matters can be challenging, and sometimes the lines between the two can be blurred, especially for a director of a company. People who you meet through business can easily become friends, or may be considered family and it is easy to forget about your duty as a director to disclose material personal interests. No matter what the circumstances may be, being proactive is usually better than being reactive in the context of director duties, and seeking independent legal advice early can often lead to a more favourable outcome. In any case, if allegations have been raised...

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Breach of Common Director Duties under the Corporations Act

Introduction Being a director or an officeholder of a company may come with many perks and financial benefits, but it also comes with risks and legal obligations. Certain officers of a company may also have the same obligations as a director of a company. Directors and secretaries have certain obligations imposed on them by the Corporations Act 2001 (‘Act’) and are referred to as ‘director duties’. There are other duties which arise under the common law and other legislation relating to employment, work health and safety, taxation and consumer protection. No matter how the duty arises, it is imperative that a person is...

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High price to pay for trial (Gold Coast Bulletin Article)

Potts Lawyers, Bill Potts, instructed by Danielle Hanson, acted for Mr Teeroovengadum in the recent trial where the Australian taxpayers footed the bill to return him to the country to face charges of alleged sexual assault offences. Read more below: View the original article on the Bulletin's website....

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Ministerial Direction 90 and ‘Impediments to Removal’

Introduction Non-citizens in Australia are expected to comply with laws, and not engage in criminal activity or other serious conduct. A non-citizen that has that has not met these expectations can become run afoul of Australia’s Immigration laws, and ultimately find themselves subject to Ministerial Direction 90 (the ‘Direction’). Decision-makers must apply the provisions specified in the Direction to determine what will happen to the immigration status of the wrongdoer. We’ll cover the Direction in some detail below, but the main focus of this post is on the Impediments to Removal consideration. Many of the considerations of the Direction weigh against the...

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Australian Visa Cancellation and Children

Introduction This post is not about cancelling the visas held by non-citizen children! It aims to clarify the specific factors that are relevant when a non-citizen subject to Australian visa cancellation has minor children that live here. All non-citizens living in Australia are potentially subject to visa cancellation. Permanent visas; provisional visas; temporary visas; and bridging visas can all be cancelled under the strict ‘section 501’ character provisions. The cancellation process can be discretionary, or it can be automatically made through the operation of mandatory visa cancellation provisions. The Minister acting personally can cancel a visa, or a decision-maker working in the...

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Stealing – what is it and what are the penalties?

Stealing, it sounds simple doesn’t it? Don’t take something that is not yours or you will be punished. This is far from the case. Stealing in Queensland is a criminal offence that is dealt with seriously by the courts and when you look at the offence in more detail, you will find that it is complex and can arise in a wide range of circumstances. What is the definition of stealing? What is the penalty for stealing?  What court deals with stealing? These are questions that our team receive frequently when advising those charged with stealing offences. This article aims to break down...

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