31 January

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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...

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...

07 October

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

Posted by Jason Papoutsis

in General Law News

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...

07 October

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Workcover Claims Against Uninsured Employers

Posted by Jason Papoutsis

in Litigation

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; ...

07 October

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

Posted by Jason Papoutsis

in Litigation

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...

07 October

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

Posted by Jason Papoutsis

in Disciplinary Law

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...

07 October

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Suitability & Eligibility Requirements for obtaining your Rideshare Licence for Queensland

Posted by Jason Papoutsis

in General Law News, Traffic Law

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...

08 July

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

Posted by Colleen Battersby

in Criminal Law & Offences

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...

27 June

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The Preamble to Ministerial Direction 90

Posted by Tom Foran

in Immigration

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...

24 June

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Duty to Prevent Insolvent Trading Under the Corporations Act

Posted by Chris Korbel

in Litigation

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...

Defamation and Serious Harm

Queensland Coroner Release Of Body Disputes And Competing Claims

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

Workcover Claims Against Uninsured Employers

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

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

Suitability & Eligibility Requirements for obtaining your Rideshare Licence for Queensland

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

The Preamble to Ministerial Direction 90

Duty to Prevent Insolvent Trading Under the Corporations Act

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