Articles
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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When can multiple criminal charges be tried together?
A look at when multiple criminal charges can be tried at the same time and also a case where multiple charges were joined on the same indictment, however, the court found this should not have occurred.
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Alternative options to criminal charges
Charging a person criminally can have far-reaching consequences , not only for the charged person, but also for his or her family, the community, and the criminal justice system. So, what other options are there to laying criminal charges?
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How do you make an enterprise agreement?
Enterprise agreements are a popular tool for many employees, employers and unions, to set in place a legally binding set of employment standards, entitlements and protections. In this article, we look at the primary steps required to create an enterprise agreement.
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Privilege against self-incrimination
The law provides a privilege (immunity) against providing information or documents which may be self-incriminating. This, alongside the right to remain silent, ensures that an accused person cannot be compelled to give evidence leading to his or her own conviction.
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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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