26 June

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Case Study – Jurisdictional Objection to an Unfair Dismissal Case

We previously successfully acted for an employer who was served with an unfair dismissal application. The applicant was self-represented. In our client’s submissions we raised jurisdictional objections on the basis that: the applicant had not satisfied the minimum employment period in the context of a small business employer as required under the Fair Work Act 2009 (Cth); and our client was a small business who had complied with the Small Business Fair Dismissal Code. It was submitted in our client’s submissions that by reason of the jurisdictional objections raised, the applicant was not entitled to protection from unfair dismissal under the Fair...

22 June

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QBCC Licence Applications and Fit and Proper Person Test

Posted by Jason Papoutsis

in Litigation

QBCC Licence Applications and Fit and Proper Person Test By Jason Papoutsis Who needs a QBCC Licence? In Queensland, individuals require licences to work in the building and construction industry. These licence applications are assessed by the Queensland Build and Construction Commission (“QBCC”). QBCC Licences are required for many trades, including but not limited to: Air handling duct installation Brick and segmental paving Bricklaying and blocklaying Builder (low rise, medium rise, open) Builder Restricted (shopfitting, structural landscaping, kitchen, bathroom, and laundry) Cabinet making Concreting Carpentry Fire Systems (Passive, water-based, and electrical based) Floor finishing and covering (hard sector) Foundation work (piling and...

19 June

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Case Study – Residential Tenancy Disputes

Posted by Chris Korbel

in Litigation

We previously successfully acted for clients who were involved in a residential tenancy dispute. The Situation Our clients were renting a luxurious property on the Gold Coast and were having communication issues with the property managers. Unfortunately, due to communication issues with the property managers, our clients decided to terminate their residential tenancy lease and vacated the property in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Our clients took steps to try to assist the property managers with finding replacement tenants, including paying for the advertising fee so that the property could be re-advertised online. Unfortunately, none of our client’s...

16 June

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Crime and Corruption Commission

Posted by Jack Bendall

in Criminal Law & Offences, Uncategorised

The Crime and Corruption Commission (CCC) has been prevalent in the news and media articles for some time now, particularly in the lead to the Commission of Inquiry held in relation to its structure, governing legislation and procedures, particularly as they related to the charging and prosecution of criminal offences. It is possible that changes could be made to the CCC’s governing legislation in the future. However, it is valuable to be aware of the organisation’s existing powers, how they may affect those brought before the CCC and why it is paramount that you seek legal advice immediately if contacted by...

13 April

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NDIS Commission Investigations and Banning Orders

Posted by Jason Papoutsis

in Litigation

ndis commission investigation potts lawyers

What is the NDIS Commission? The NDIS Quality and Safeguards Commission also referred to as the NDIS Commission, is an independent commission which was established on 1 July 2018, to improve the quality and safety of services funded by the “National Disability Insurance Scheme”. The NDIS Commission exists as part of a federal agreement between the Australian Government and states and territory governments, named the “NDIS Quality and Safeguarding Framework”. The NDIS Commission’s role is to: manage complaints about NDIS providers; improve the quality and safety of NDIS supports and services; regulate NDIS service providers and workers; lead education, capacity building and development...

24 February

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Anti-Discrimination Law Reform on the Horizon in Queensland

Posted by Jason Papoutsis

in Litigation

anti discrimination law queensland potts lawyers

QHRC Review Report The Queensland Human Rights Commission (QHRC) has concluded its review of Queensland’s 30 year old legislation, the Anti-Discrimination Act 1991 (Qld). The review involved wide ranging consultations with more than 120 stakeholders, 4 public consultations, and 6 roundtables. The report, titled “Building belonging: Review of Queensland's Anti-Discrimination Act 1991”, was tabled in parliament on 1 September 2022, and includes 46 recommendations to strengthen and clarify discrimination laws in Queensland. According to the QLS, the Commissioner of the QHRC, Mr Scott McDougall, identified the following aims of the recommendations within the report: Eliminating discrimination by introducing a new Act with objects...

21 February

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

Posted by Jason Papoutsis

in Litigation

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...

10 February

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

Posted by Tom Foran

in General Law News

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...

08 February

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Case Summary – Strike Out Application and Appeal

Posted by Chris Korbel

in General Law News

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...

06 February

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Potential hazards of being a ‘FinFluencer’

Posted by Chris Korbel

in General Law News

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...

Case Study – Jurisdictional Objection to an Unfair Dismissal Case

QBCC Licence Applications and Fit and Proper Person Test

Case Study – Residential Tenancy Disputes

Crime and Corruption Commission

NDIS Commission Investigations and Banning Orders

Anti-Discrimination Law Reform on the Horizon in Queensland

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

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

Case Summary – Strike Out Application and Appeal

Potential hazards of being a ‘FinFluencer’

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