19 June

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Case Study – Residential Tenancy Disputes

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...

31 January

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Defamation and Serious Harm

Posted by Chris Korbel

in General Law News

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...

07 October

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Queensland Coroner Release Of Body Disputes And Competing Claims

Posted by Jason Papoutsis

in General Law News

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...

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’

Defamation and Serious Harm

Queensland Coroner Release Of Body Disputes And Competing Claims

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