21 May

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Just what is ‘Wilful damage’

Have you ever wondered what someone needs to do to attract a charge of ‘Wilful damage’? Recent charges where people have spat or thrown eggs on cars, where no other damage was caused other than requiring the car to be cleaned have caused concern in the Courts and Justice system. Grajewski v DPP (NSW) [2019] HCA 8 Recently, the High Court in Grajewski v DPP (NSW) [2019] HCA 8 allowed an appeal and quashed the appellant's conviction and sentence for the offence of intentionally or recklessly destroying or damaging property belonging to another, contrary to s 195(1)(a) of the Crimes Act 1900 (NSW)....

30 April

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Visa Cancellations and Criminal Convictions – How does a criminal conviction affect my visa status?

Posted by Chris Korbel

in Criminal Law & Offences, Disciplinary Law, Immigration

The topical question of how a criminal conviction affects our client’s visa is a regular and common question for our team at Potts Lawyers. As in most areas of law, the answer will always depend on your individual circumstance and factors that are given weight by the courts. If your criminal matter has migration aspects, our Criminal team will refer your matter to our in-house registered migration agents to ensure your matter is promptly addressed. If you have received a Notice of Cancellation you are an unlawful non-citizen and should urgently seek legal advice. If you have received a Notice of...

12 February

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Three laws parents in Queensland should know about (but probably don’t)

Posted by Danielle Hanson

in Criminal Law & Offences, General Law News

Article by Danielle Hansen, Criminal Lawyer At what age can you leave your child unattended? Kids across Queensland are well and truly back to school for the year. In this article, we have outlined the laws surrounding the safety and protocol parents of children in Queensland should be aware of, particularly: leaving your children unattended; how kids are to travel in cars; and disciplining your child (particularly smacking). We suspect that most parents are unaware that to leave your child unattended and without supervision can be a criminal offence. It is a controversial topic that has received a lot of attention in the media and...

18 December

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Real estate professionals charged with a criminal offence. What are the consequences and do you have to disclose this?

Posted by Craig DoRozario

in Criminal Law & Offences, Disciplinary Law

Article by Craig DoRozario Who does this apply to? In Queensland, all practising real estate agents, auctioneers and resident letting agents (eg most on-site managers for bodies corporate) must hold relevant licences and comply with the rules set out under the Property Occupations Act 2014 (Qld) (“the Act”). Real estate agents in Northern New South Wales and other parts of Australia are not subject to this Act, however similar legislation may exist in other states and territories. While we are able to assist real estate agents outside of Queensland, this article applies only to those who are currently practising, or wish to...

17 October

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Tax Offences

Posted by Potts Lawyers

in Criminal Law & Offences

On the 1st July 2015 a special prosecutions taskforce was established to deal with the increasing number of cases of tax fraud, the “Serious Financial Crime Taskforce” (SFCT). Up until then most tax related fraud was investigated by the ATO in conjunction with the Federal Police and in some cases the CDPP – (Commonwealth Director of Public Prosecutions) Since the establishment of the SFCT there has been raised liabilities of over $473 million and $175 million collected. Matters treated as a potential risk to the SFCT are as follows: Failure to keep proper company or business financial records Failure to lodge annual...

17 October

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A look back: Bill Potts featured as guest columnist on Gold Coast Bulletin

Posted by Potts Lawyers

in Criminal Law & Offences

We recently discovered this article from our Founding Director, Bill Potts, while trawling through our archives. Article Transcription Prisoners of Past - by Bill Potts A CONVERSATION I recently had at a dinner party caused me to rethink how to approach my daily grind. The lot of a criminal lawyer is often that of a professional apologist. Every day, having read the police brief and trawled through my client's often incoherent and sometimes incredible instructions, I have to stand in front of a judge and explain the impossible. Saying sorry for the criminal sins of clients requires attention to detail, a liberal dose of under- standing,...

25 September

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Bill Potts comments on overcrowded prisons

Posted by Potts Lawyers

in Criminal Law & Offences, General Law News

Our Founding Director, Bill Potts, was interviewed by the Courier Mail on the issue of overcrowded prisons in Queensland. The article is available here, with an extract below: FRIEND IN THE COURTS Another critic who says community debate has to quickly move beyond punishment and retribution towards crime prevention and rehabilitation is Queensland Law Society deputy president Bill Potts. “Only the very hardened and perhaps cynical people think the current solutions are working,’’ Potts says. “Armchair critics and Monday morning quarterbacks, who decry how soft judges are, don’t know how the system works and don’t see the endless parade of mental illness and...

30 May

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Bill Potts comments on funding issues in Queensland’s justice system

Posted by Potts Lawyers

in Criminal Law & Offences, General Law News

Our Founding Director and current Queensland Law Society Deputy President, Bill Potts, was interviewed by Sherele Moody of the Daily Mercury: The State Government needed to invest more money in community and low-cost legal services, said Bill Potts, whose firm represents clients in our region. "We build bridges, we build roads, we build tunnels but why don't we spend that kind of money on the justice system?" the deputy president of the Queensland Law Society said. "We have people being denied justice - they are being convicted or they can't appeal properly because they are being denied access to a system...

18 May

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Bill Potts comments on Aussie Rules player Daniel Lock’s penalty

Posted by Potts Lawyers

in Criminal Law & Offences

Our Founding Director and current Queensland Law Society Deputy President, Bill Potts, was interviewed by Janessa Ekert of the Cairns Post. He commented on the penalty imposed by the Queensland District Court at Cairns on Aussie Rules veteran, Daniel Lock, who plead guilty to causing grievous bodily harm. Former Queensland Law Society president & criminal lawyer Bill Potts said the result was unsurprising and it would have taken extreme gratuitous violence completely outside the play to result in a custodial sentence. He said the precedent for this type of case was set during the '80s and involved former Brisbane Lions coash...

06 April

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Increased Police Powers During Commonwealth Games: How They Will Affect Your Rights

Posted by Cameron Browne

in Criminal Law & Offences

Increased Police Powers during Commonwealth Games: How they will affect your rights During the Commonwealth Games period, police across the Gold Coast, Brisbane, Townsville and Cairns are afforded extended powers for the purpose of ensuring public safety. However, as acknowledged by the Queensland Law Society and the Queensland Council for Civil Liberties, these extended powers can also have negative impacts on residents of Queensland and visitors to the state. Duration The extended powers apply between 10 March 2018 and 18 April 2018. Some locations may have the extended powers applying for a shorter time during this period. Protective Security Zones (PSZs) The extended powers apply in...

Just what is ‘Wilful damage’

Visa Cancellations and Criminal Convictions – How does a criminal conviction affect my visa status?

Three laws parents in Queensland should know about (but probably don’t)

Real estate professionals charged with a criminal offence. What are the consequences and do you have to disclose this?

Tax Offences

A look back: Bill Potts featured as guest columnist on Gold Coast Bulletin

Bill Potts comments on overcrowded prisons

Bill Potts comments on funding issues in Queensland’s justice system

Bill Potts comments on Aussie Rules player Daniel Lock’s penalty

Increased Police Powers During Commonwealth Games: How They Will Affect Your Rights

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