QLD

If you drive a vehicle with a weight of more than 4.5 tonnes on any road in Australia (except Western Australia) then you may find yourself before a Local Court or Magistrates Court for Heavy Vehicle offences. The requirements under Queensland and New South Wales legislation in this area are now quite onerous since changes…

The statistics on domestic violence are chilling. A 2017 study conducted by the Australian Bureau of Statistics showed that 1 in 4 women in Australia have experienced emotional abuse by a current or former partner since the age of 15. On average, one woman is murdered by a current or former partner every week. The…

A duty of care is a legal obligation imposed on a person to take a reasonable standard of care when doing acts that could foreseeably harm others. Duty of care is an element of the tort of negligence. If a person suffers injury as the result of another party’s negligent act or omission, the injured…

On 17 October 2018, the Queensland parliament passed the Termination of Pregnancy Act 2018, which overhauls abortion law in the state. Having an abortion in Queensland is no longer a criminal offence, provided it is performed by a qualified person. The new legislation also creates ‘safe access zones’ around abortion clinics, protecting women seeking to…

Sexual offences against adults in Queensland are governed by the Criminal Code Act 1899. The majority of sexual offences against adults involve sexual acts without consent. The only sexual offence involving adults that does not require an absence of consent is the offence of incest, which can be proven even if the sexual contact was…

In Queensland, juries determine the outcomes of both civil and criminal trials. Criminal trials are decided by 12 jurors and civil trials by four jurors. Jurors are selected at random by a computer from the electoral roll and potential jurors are sent a letter with a questionnaire that determines whether they are eligible to serve…

Perjury is the deliberate giving of false testimony in a judicial proceeding. In Queensland the offence of perjury is codified in the Criminal Code 1899. If a person is lawfully sworn in as a witness, they can be found guilty of perjury if they knowingly make a false statement that could affect the outcome of…

Australia has among the highest rates of pet ownership in the world, with 62% of households having a pet. There is, therefore, a very high demand for pet-friendly accommodation. However, in Queensland renting with a pet can be very difficult with only about 10% of rental properties allowing pets. Landlords and property managers often refuse…

In Queensland the law permits a person to use reasonable force to physically defend themselves, another person or their property. The defence of self-defence requires the person to have acted in a way that was reasonable in the circumstances and for the defensive conduct to have been proportionate to the threat faced. The law does…

Sexual harassment is prohibited in Queensland under the Anti-Discrimination Act 1991 and complaints about sexual harassment can be made to the Queensland Anti-discrimination Commissioner. The prohibition on sexual harassment applies in all areas of life including work, study and recreation.  Many instances of sexual harassment that occur in Queensland are also actionable under federal law…

Same sex marriage became legal in Australia on 9 December 2017, with the Marriage Act being amended so that the definition of marriage is now ‘a union of two people’ rather than ‘a union of a man and a woman.’   The change meant that same-sex couples who married overseas now have their marriages recognised by…

Contempt of court is the offence of being disobedient or discourteous towards a court through willful disregard of its authority and dignity. An act of contempt of court can be comprised of disrespectful behaviour in court or it can be comprised of disregard of a court order. Different jurisdictions have different rules as to precisely…

The State Penalties Enforcement Registry (SPER) is responsible for managing and enforcing fines issued on behalf of the Queensland government. SPER has the power to suspend a person’s driver licence for unpaid fines, even when the fines are completely unrelated to driving. This includes but is not limited to: Parking fines; Speeding fines; Court fines; Offender levy…

There are a few road rules in Queensland that are specific to a particular road or which are different to road rules in other states. If you are new to Queensland, or have been driving elsewhere, it is a good idea to refresh your memory of the road rules in this state. Truck drivers on…

A Queensland parliamentary inquiry is investigating the problem of wage theft in Queensland. The committee will be looking at the incidence of wage theft in the state, its impact on workers, families, businesses, the community and the economy. It will consider why wage theft is occurring, which industries or occupations it is most prevalent in…

A bicycle is a vehicle within the meaning of the Queensland Road Rules. If you are riding a bike on the roads, you must obey the road rules the same as any other vehicle. Cyclists can be issued with fines for breaking road rules, but no demerits are issued to cyclists. While all the road…