QLD

Careless driving means driving without the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. The lack of due care and attention does not have to amount to negligence towards another person. It may just be a failure to exercise a reasonable degree of care and attention in…

Circumstances of aggravation are commonly alleged when an offender is charged with a criminal offence. A circumstance of aggravation is a factor surrounding an offence, the victim or the defendant which makes the offence more serious. Higher maximum penalties apply to aggravated offences.  Legislation Section 1 of the Queensland Criminal Code defines a circumstance of…

In Queensland, sex work is legal if it occurs in a licensed brothel. Sex work that occurs outside of a licensed brothel is a criminal offence unless it occurs in private and the sex worker is operating alone. Offences relating to illegal prostitution are contained in the Criminal Code 1899 and in the Prostitution Act…

Have you been charged with a criminal offence and want to avoid going through court? There is a way of avoiding court and resolving the matter through a form of mediation. It is called Adult Restorative Justice Conferencing or Justice Mediation. Why justice mediation? Justice mediation can be beneficial to both the offender and the…

When an incident or offence is reported to police, they will commence an investigation and determine whether a criminal offence has been committed. If the police believe that they have a suspect, steps will be taken to obtain evidence against that person, and charges may be laid. They may arrest the suspect and then the…

In every criminal case, the prosecution must prove beyond a reasonable doubt that the person charged or participated in the commission of an offence. In some cases, this requires the positive identification of the defendant as the person who committed the acts. Identification may involve an eyewitness giving evidence that the defendant is the person…

When a person dies with a valid Will, the Executors will usually apply for a grant of Probate. Probate is when the Supreme Court officially recognises the Will as legally valid and gives the authority to the Executors to start administrating the estate of the deceased. Two types of grants There are two other types…

Under section 6 of the Drugs Misuse Act 1986, any person who carries on the business of unlawfully trafficking in a dangerous drug in Queensland is guilty of a crime. The maximum penalty for this is 25 years imprisonment for a schedule 1 drug, and 20 years imprisonment for a schedule 2 drug.  Schedule 1…

Wills and estates are legislated in Queensland under the Succession Act 1981. A family member may want to contest the will of a deceased if they do not believe they have been adequately provided for. This article describes the procedures for contesting a will and the grounds on which a will can be contested.  Contesting a grant…

Automatism is a well-established defence to a range of criminal offences. Automatism is defined in the common law as ‘action without conscious volition’ and refers to a person’s conduct of which they are not conscious, and which is done as a series of unwilled acts. This defence is based on the principle that a person…

Payment of a bond is generally required when renting a residential property. A residential tenancy bond is for the financial protection of the lessor, in the event the tenant breaches the tenancy agreement. Bonds are legislated under the Residential Tenancies and Rooming Accommodation Act 2008. This article outlines the process for refunding a bond at…

This article concentrates on successfully claiming for compensation for damage caused by a motor vehicle accident in Queensland. Different laws apply in other states and territories. Property Damage If a motor vehicle is damaged in an accident, the owner of the motor vehicle has three choices available to them: 1.      Claim from their own…

The Queensland Police have the power to arrest you in a range of situations. Your rights during an arrest and the procedures police must follow are set out in the Police Powers and Responsibilities Act 2000. This article outlines when the police may arrest you and what you can expect to occur after being arrested.…

In August it was revealed that the Queensland government had granted exclusive possession of tracts of land in the Galilee Basin to Indian mining company Adani. The decision had the effect of extinguishing the native title rights of the Wangan and Jagalingo people, who may now be forcibly expelled from their traditional lands. An Indigenous…

Robbery is a composite offence, meaning that it is both a property offence and a violent offence. A person commits robbery if they use or threaten violence immediately before or after stealing property. In Queensland, this offence is contained in Section 409 of the Criminal Code 1899. The Code also contains several other, less serious…

The Brisbane Lord Mayor Adrian Schrinner reportedly today approached Premier Annastacia Palaszczuk about changing Queensland’s laws relating to public assemblies such as political protests. The move comes after climate change protests organised by international activist network Extinction Rebellion caused chaos in the city last month. It also follows another announcement last week that police would…