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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Can I be charged for my housemate possessing drugs or weapons?

Sharing a house with mates can be stressful. Sharing a house with mates who may be committing criminal offences is even more so. Regardless of whether or not you believe you are committing an offence; it is important to prevent yourself from being caught in the crossfire of your housemates’ bad decisions — especially when it relates to the unlawful possession of drugs or weapons offences. The meaning of the term ‘possession’ under Queensland legislation does not follow the ordinary meaning of the term. In some instances, you could be ‘in possession’ of something, or responsible for someone else’s actions, simply by turning...

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Computer Hacking in Queensland

In today's interconnected world, businesses and individuals are increasingly reliant on computer systems to store and transmit sensitive information.   The Landscape of Computer Hacking in Queensland Queensland is said to have witnessed a surge in computer hacking incidents in recent years. In 2022-2023 Queensland accounted for 30% of the nation’s cybercrime reports[1]. In layman’s terms, people can be accused of activities such as identity theft, ransomware attacks, and phishing scams.   The Offence of Computer Hacking in Queensland Despite its prevalence, many people don’t appreciate exactly what constitutes computer hacking in Queensland. The charge covers much broader situations than just the traditional image of a tech genius using...

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Everything you need to know about an Adult Caution

What is an adult caution? An adult caution is a formal warning issued by the Police.  They can be available to people in certain circumstances. Adult cautions are provided when it is in the public interest to do so.  Issuing one avoids a matter being processed through the criminal justice system. They should not be confused with a routine verbal warning about undesirable behaviour, as they involve a more formal process.   What is the purpose of an adult caution? The purpose of adult cautioning is to: manage lower-end offending in a manner that positively contributes to behaviour change and reduced recidivism (i.e. the tendency of...

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Consent and Sex – The Changing Laws in Queensland and What You Need to Know

What is changing? On 11 October 2023, the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill (the Bill), which proposes a variety of amendments to the Criminal Code 1899 (the Code), was introduced to the Queensland Parliament. The Bill aims to change the definition of consent when engaging in sexual acts and the circumstances in which consent cannot be legally obtained.   What is consent? Under current Queensland law, consent is defined as something “freely and voluntarily given by a person with the cognitive capacity to give the consent”.   How is consent given? The law does not define how consent must be...

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The Risks Inherent to Litigation, and How to Avoid Protracted Litigious Proceedings

By Jason Papoutsis What is Litigation? Litigation is the process of resolving legal disputes through the court system. Litigation can be initiated by either an individual or a corporation and involves the parties presenting their cases in a formal legal proceeding. Litigation typically involves the preparation of pleadings, the discovery of evidence, motion practice, and the presentation of evidence in court. The ultimate goal of litigation is to resolve the dispute and to obtain a judgment or verdict that is legally binding on the parties. Litigation can be a complex, time-consuming, and expensive process, and it is often advisable to consider alternative dispute...

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Impoundment of motor vehicles – what you need to know

These are the questions we frequently receive from clients who are subjected to our vehicle impoundment laws: Can the police take my car? How can I get my car back? How long will the police keep my car? These questions often come from a place of stress and uncertainty when someone is charged with offences that trigger vehicle impoundment laws. This article aims to clarify when your vehicle could be impounded, how long the vehicle could be impounded for and the circumstances in which the vehicle may be released early.   Will the police impound my vehicle? Our law allows the police to impound your...

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A Quick Guide to Queensland’s Modernised Defamation Laws

By Jason Papoutsis What is Defamation? Defamation is the publishing of unsubstantiated information which damages a person's reputation. To be considered defamatory, a statement must be false, communicated to a third party, and cause harm to the reputation of the person or organization in question. Defamation is considered a civil wrong and can result in a claim for damages by the person or organization who has been defamed. When determining whether a statement is defamatory, the Court will consider several judicial principles.  Most commonly the Courts will consider whether a reasonable person seeing, hearing, or reading the matter will likely: lead to a...

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Workplace Investigations for Serious Misconduct

By: Jason Papoutsis    Workplace Investigations Generally A workplace investigation for misconduct refers to a process where an employer or an appointed third party investigates allegations of improper, unethical, or illegal behaviour by an employee in the workplace. The purpose of the investigation is to determine whether the misconduct took place, the extent of the misconduct, and who was responsible. This information is then used to make informed decisions about appropriate disciplinary action or other remedial measures. The alleged misconduct being investigated can range from harassment, discrimination, theft, fraud, and other forms of unethical behaviour. Misconduct can also involve allegations of failing to abide by the...

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What to do if you are served a Statutory Notice to Attend an Interview or Produce Documents or Information

By Jason Papoutsis Introduction A growing number of regulatory agencies in Queensland and Australia have statutory powers to compel a person to produce documents or attend an interview. First and foremost, failing to comply with these notices may amount to an offence.  It is therefore important to obtain legal advice if you are served with this type of notice. Depending on the enabling legislation, there may be an exemption to having to comply with that notice, for example, if a person has a ‘reasonable excuse’, or for any other reason stated in that legislation. Before a person decides whether or not they will comply...

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What Every Professional Needs to know About Occupational Disciplinary Law

What is Occupational Disciplinary Law? Occupational disciplinary law refers to the legal framework that governs the disciplinary actions that can be taken against workers in a specific occupation or industry. This framework typically outlines the standards of conduct expected of workers, the procedures for investigating allegations of misconduct, and the possible consequences for violations, such as suspension, termination, or revocation of a license. Occupational disciplinary law may also include provisions for procedural fairness, such as the right to respond to an allegation, the right to a hearing, and the right to review that decision in a Tribunal.   How is Occupational Disciplinary Law different...

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