Articles
What is a committal hearing?
A committal hearing is a preliminary hearing held in the Magistrates Court to determine whether there is sufficient evidence for an accused person to stand trial in a higher court.
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Amended guidelines to assess weapons licensing in Queensland
Amendments to weapons licencing assessments have seen an apparent increase in the number of refusals to grant or renew a license. If you've had an adverse decision about your application, you have 28 days to appeal to QCAT.
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Being an accessory to (“aiding and abetting”) a crime
It is possible that someone can be convicted of an offence even though not performing any of the acts or omissions which constitute the offence. Such people are known as a “party” to the offence, sometimes also called an “accomplice” or an “accessory”.
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What is double jeopardy?
A second prosecution can’t be brought after an acquittal and a person can’t be further punished after being convicted and sentenced. The legal principle that ensures this is commonly referred to as “double jeopardy”.
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Police powers to seize and deal with property
This article looks at what powers police have to seize property, when police have to return that property, and how the property might otherwise be forfeited if seized.
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Health professionals and immediate registration action when in the public interest
As of 1 March 2018, the power to take immediate registration action against a health practitioner was extended to include the power to take such action if the Health Ombudsman reasonably believes the action is “otherwise in the public interest”.
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Can I refuse a breath test?
We explore the consequences for failing to submit to a breath test, and whether there are any circumstances in which you can refuse a breath test and defend a charge for failing to provide one.
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What does it mean to be ‘in charge’ of a motor vehicle?
In this interesting drink driving case, the court found the defendant not guilty of driving under the influence where he was found asleep in the driver’s seat with the engine running.
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The impact of the casual employee definition for employers and employees
On 4 August 2021 the High Court finally delivered its decision in WorkPac Pty Ltd v Rossato & Ors, bringing clarity to the meaning of ‘casual employee’.
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Higher penalties: mobile phone use and seatbelt laws in Queensland
As of 26 July 2021, even stricter laws apply to Queensland drivers relating to the use of mobile phones and seatbelts. The changes to the law include increased penalties and more enforcement of the rules.
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The role of guardians and attorneys in criminal law proceedings
Important changes to the law surrounding guardians and attorneys were introduced in November 2020 which now expressly provides that a guardian or an attorney cannot enter a plea in a criminal proceeding on behalf of another individual.
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New offences for failing to report and protect children from child sex offences
New offences for failing to report and protect children from child sex offences came into effect in Queensland on 5 July 2021; The offence of "Failure to Protect" and the offence of "Failure to Report".
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