Articles
Unlicensed driving in Queensland
To drive a motor vehicle on a road in Queensland, a driver must hold a valid licence. If a driver is intercepted by police and does not hold a valid driver licence, they could be charged with an offence of driving unlicensed.
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Your rights when police come to your home
An unexpected visit from the police, asking questions or saying they have a search warrant to go through your house, is a very confronting event. If you find yourself in this position, it is important you are aware of the extent of police powers, and your rights in responding to them.
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A guide to applying for parole in Queensland
When a defendant is sentenced to a term of imprisonment, they will typically be released at some time during their jail sentence on parole. This article looks at the process of applying for parole and how the Parole Board determines that application.
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Car stealing and unlawful use or possession of motor vehicles
With the “youth crime” crisis being a hot topic of public debate at the moment, the offence of car stealing is never far from the media spotlight. Stories of victim’s cars being stolen - often accompanied by home security footage showing the offenders in the act - feature regularly on the nightly news bulletins.
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Post-employment restraint of trade
A restraint of trade clause, in various forms, may be included in an employment contract, usually at the commencement of employment. A post-employment restraint will be considered at the completion of the employment relationship. The purpose of post-employment restraints is to protect legitimate business interests of the employer.
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Constructive dismissal appeal refused by Full Bench of the Fair Work Commission
We review the outcome of a 2023 general protections matter which tested the grounds for whether a resignation was forced or not. That is, was it a constructive dismissal?
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Sentencing children in Queensland
In Queensland, the criminal justice system treats children differently to adults. The purpose of dealing with children differently is to acknowledge that children have different maturity levels to an adult, and may not have the same life experience, mental capacity and legal understanding to make adult-like decisions.
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Proposed amendments to penalties under the Work Health Safety Act in Queensland
Under the Work Health and Safety Act in Queensland, penalties for offences relating to breaches of health and safety duties have not increased since the WHS regime was introduced in 2012. For several years there has been ongoing debate regarding two key considerations with respect to the sentencing process for breaches of duties owed under the WHS Act.
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High Court finds employer not vicariously liable for employee’s negligent urination
In the August 2023, the High Court unanimously overturned the earlier decision of the Queensland Court of Appeal that had originally found an employer was vicariously liable for the wrongful act of an intoxicated employee who had urinated on a colleague sleeping in staff accommodation.
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Diversionary options for young offenders in Queensland
When it is appropriate to do so, a child who has criminally offended should be diverted away from the criminal justice system, unless the nature of the offence and the child’s criminal history indicate that a proceeding for the offence should be started.
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Applying for a work licence in Queensland
In Queensland, if you are facing court ordered disqualification from driving, you may be eligible to apply for a work licence to allow you to continue to drive in the course of your employment.
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Recent costs decisions in criminal law summary matters
A defendant who successfully defends charges in the Magistrates Court is not automatically entitled to costs but they can usually apply for the reimbursement of some of their legal costs. Two recent District Court appeal cases in Queensland have provided useful guidance on the recovery of costs in such matters.
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