Articles
General protections claims involving dismissal/termination of employment
All employees have general protections under workplace laws in Australia. In this article, we look at the process for lodging a general protections claim if you have been dismissed due to adverse action.
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Grievous bodily harm – provocation and self defence
A common criminal charge resulting from a physical altercation is grievous bodily harm. If you are the person who delivers the ‘final hit’, can you defend the charge?
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What does it mean to choke, strangle or suffocate someone; from a criminal law perspective
To choke, strangle and/or suffocate are not actually defined in legislation but you can still be found guilty and they are serious criminal offences.
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Replica firearms (gel blasters) & other restricted items
In February 2021, new laws came into effect in Queensland to address the purchase, possession, storage and use of replica firearms.
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Recording conversations in Queensland – is it legal?
It is not uncommon for people to want to record conversations in which they are involved. For example, someone may wish to have an accurate record of what was said, or for their own legal protection. This leads to a common question: is it illegal to record a conversation without consent?
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Using a carriage service to menace, harass or cause offence
Under the Criminal Code in Queensland, a person commits an offence if they use a carriage service in a way that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive. The “service” can include a fixed or mobile telephone service, an internet service, or an intranet service.
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Criminal trials before a jury or judge alone
There are numerous factors that weigh into the issue of whether a criminal prosecution will have a trial by jury or by judge alone. In Queensland, trials in the District and Supreme Courts are generally held in front of a jury and judge, while trials in the Magistrates Court are determined, by the presiding Magistrate alone.
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Protesting lawfully in Queensland: the law, the process and the risks involved
The right of peaceful assembly, commonly referred to protesting, is considered a key pillar of a democratic society. In Queensland, the right to assemble peacefully in a public place is recognised in the Peaceful Assembly Act.
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When does workplace bullying constitute corrupt conduct?
The Crime and Corruption Commission (CCC) has published a paper examining when workplace bullying reaches the legal threshold to constitute corrupt conduct under the Crime and Corruption Act 2001.
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Corporate criminal responsibility under review
The long-awaited reform of Australia’s laws regarding the criminal responsibility of corporate entities (companies) is moving closer to completion. In Australia today the prosecution of companies is far less common than the prosecution of individuals, even in relation to what might be regarded as ‘white-collar’ or business-related offending.
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Sexual boundaries in the doctor-patient relationship
In December 2018, the Medical Board of Australia published revised Guidelines: Sexual Boundaries in the Doctor-Patient Relationship. The Guidelines aim to provide guidance to doctors about establishing and maintaining sexual boundaries in the doctor-patient relationship.
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The Police disciplinary system
In 2019 the law in relation to how complaints against Queensland police officers are handled changed significantly. Gilshenan & Luton were heavily involved in those discussions on behalf of the Queensland Police Union.
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