24 June

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Duty to Prevent Insolvent Trading Under the Corporations Act

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...

24 June

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Duty to Disclose Material Personal Interest Under the Corporations Act

Posted by Chris Korbel

in Litigation

We understand that balancing business and personal matters can be challenging, and sometimes the lines between the two can be blurred, especially for a director of a company. People who you meet through business can easily become friends, or may be considered family and it is easy to forget about your duty as a director to disclose material personal interests. No matter what the circumstances may be, being proactive is usually better than being reactive in the context of director duties, and seeking independent legal advice early can often lead to a more favourable outcome. In any case, if allegations have been raised...

24 June

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Breach of Common Director Duties under the Corporations Act

Posted by Chris Korbel

in Litigation

Introduction Being a director or an officeholder of a company may come with many perks and financial benefits, but it also comes with risks and legal obligations. Certain officers of a company may also have the same obligations as a director of a company. Directors and secretaries have certain obligations imposed on them by the Corporations Act 2001 (‘Act’) and are referred to as ‘director duties’. There are other duties which arise under the common law and other legislation relating to employment, work health and safety, taxation and consumer protection. No matter how the duty arises, it is imperative that a person is...

22 June

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High price to pay for trial (Gold Coast Bulletin Article)

Posted by Potts Lawyers

in Criminal Law & Offences, General Law News

Potts Lawyers, Bill Potts, instructed by Danielle Hanson, acted for Mr Teeroovengadum in the recent trial where the Australian taxpayers footed the bill to return him to the country to face charges of alleged sexual assault offences. Read more below: View the original article on the Bulletin's website....

20 June

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Ministerial Direction 90 and ‘Impediments to Removal’

Posted by Tom Foran

in Immigration

Introduction Non-citizens in Australia are expected to comply with laws, and not engage in criminal activity or other serious conduct. A non-citizen that has that has not met these expectations can become run afoul of Australia’s Immigration laws, and ultimately find themselves subject to Ministerial Direction 90 (the ‘Direction’). Decision-makers must apply the provisions specified in the Direction to determine what will happen to the immigration status of the wrongdoer. We’ll cover the Direction in some detail below, but the main focus of this post is on the Impediments to Removal consideration. Many of the considerations of the Direction weigh against the...

13 June

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Australian Visa Cancellation and Children

Posted by Tom Foran

in Immigration

Introduction This post is not about cancelling the visas held by non-citizen children! It aims to clarify the specific factors that are relevant when a non-citizen subject to Australian visa cancellation has minor children that live here. All non-citizens living in Australia are potentially subject to visa cancellation. Permanent visas; provisional visas; temporary visas; and bridging visas can all be cancelled under the strict ‘section 501’ character provisions. The cancellation process can be discretionary, or it can be automatically made through the operation of mandatory visa cancellation provisions. The Minister acting personally can cancel a visa, or a decision-maker working in the...

13 June

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Stealing – what is it and what are the penalties?

Posted by Jack Bendall

in Criminal Law & Offences

Stealing, it sounds simple doesn’t it? Don’t take something that is not yours or you will be punished. This is far from the case. Stealing in Queensland is a criminal offence that is dealt with seriously by the courts and when you look at the offence in more detail, you will find that it is complex and can arise in a wide range of circumstances. What is the definition of stealing? What is the penalty for stealing? What court deals with stealing? These are questions that our team receive frequently when advising those charged with stealing offences. This article aims to break down...

30 May

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Unlawful Non-Citizens in Australia

Posted by Tom Foran

in Uncategorised

The Migration Act 1958 (the ‘Act’) provides the legislative requirements for the definition of ‘unlawful non-citizen’. You might be curious how a person can meet that definition. You may wonder about the implications of being an unlawful non-citizen and be interested in hearing if there is anything that someone meeting that definition can do about it. If these questions interest you and you want to know the answers, read on! How someone can meet the definition of being an ‘unlawful non-citizen’ The starting point for understanding who might meet the definition of ‘unlawful non-citizen’ is section 13 of the Act. That section explains that...

12 May

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Rape Convictions Quashed Following Miscarriage of Justice

Posted by Billy Gee

in Criminal Law & Offences

On the 18th of March 2022, the Supreme Court of Brisbane’s Court of Appeal division handed down a decision that effectively quashed two convictions of rape, and revealed an unsettling error of judgement that could have serious implications for court procedure and represents a failure of the justice system. While you may be aware of this recent development, what you may not know is that Potts Lawyers’ very own Sinead Garland - Criminal Lawyer was at the helm, acting as solicitor for the appellant. Her outstanding work led to an order to quash two convictions of guilt that were reached through...

08 April

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How will the Magistrates Court finalise my criminal matter?

Posted by Jack Bendall

in Criminal Law & Offences

Many different types of cases are heard in the Magistrates Court. If you have been charged with a criminal offence you will attend the Magistrates Court at some point. These commonly include minor offences such as: shop stealing & theft offences; disorderly conduct; traffic offences; low level assault charges; dishonesty offences and; drug offences. These are often referred to as summary offences which means they are not required to be transferred to higher courts such as the District or Supreme Court. Instead, these offences can be dealt with in the Magistrates Court. This article outlines how the Magistrates Court can finalise these...

Duty to Prevent Insolvent Trading Under the Corporations Act

Duty to Disclose Material Personal Interest Under the Corporations Act

Breach of Common Director Duties under the Corporations Act

High price to pay for trial (Gold Coast Bulletin Article)

Ministerial Direction 90 and ‘Impediments to Removal’

Australian Visa Cancellation and Children

Stealing – what is it and what are the penalties?

Unlawful Non-Citizens in Australia

Rape Convictions Quashed Following Miscarriage of Justice

How will the Magistrates Court finalise my criminal matter?

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