QLD

Public nuisance The offence of public nuisance in Queensland is governed by the Summary Offences Act and is defined as ‘behaving in a disorderly, offensive, threatening or violent way’ where this interferes, or is likely to interfere with the enjoyment of a public place by the public (Section 6). To be found guilty of this…

Since 2016, it has been possible to legally grow medicinal cannabis in Australia. However, the cultivation of cannabis remains a serious criminal offence in all states and territories, unless it is done under very tight controls and for medicinal use only. This article will outline the laws around cultivating cannabis in Queensland, in both lawful…

The most common dispute that arises in employment law surrounds dismissal. Unfair dismissal claims may concern the manner of dismissal or the reasons for the termination. A finding of unfair dismissal does not require the action to have been unlawful. It is based on the termination being harsh, unjust or unreasonable. In circumstances where an…

What is a default judgment? A default judgment is a judgment delivered by the court in favour of a Plaintiff because of a Defendant’s failure to comply with the procedural requirements of the court. For example, if the court orders the Defendant to file its defence by a certain date and it fails to do…

In the years between 2010 and 2012, there was a sharp increase across the country in deaths resulting from one punch. Such blows were formerly referred to as ‘king hits’ but have been re-branded as ‘coward’s punches’ in an attempt to stigmatise rather than glorify the act. Public pressure built for legislators to address this…

Police are generally not allowed to enter private properties without the consent of the occupier. However, there are some circumstances when police can enter premises without consent. These situations are limited and clearly set out in legislation. Under the Police Powers and Responsibilities Act (2000), police can enter private property without the consent of the…

The Succession Act 1981 (Qld) governs the principles in relation to making a Will in Queensland, including when a person hasn’t the testamentary capacity to do so themselves. The provisions of other legislation such as the Power of Attorney Act 1988 (Qld) and the Trusts Act 1973 (Qld) may also operate when dealing with more…

Definition of Assault In Queensland, any person who strikes, touches, moves, or applies force of any kind to another person is said to have committed an assault. In addition, under section 245 of the Queensland Criminal Code 1899 (Qld) [the Code], “any bodily act or gesture [by a person which] attempts or threatens to apply force…

What is ‘Dangerous’ Driving? Whether a driver sneakily crosses a median strip (hoping they won’t be caught by police), fails to follow the curve of a sweeping left bend, or mistakenly crosses double white lines, it generally doesn’t cross their mind that, as a result of such a relatively minor infringement, someone could be severely…

Domestic Violence Order (DVO) applications are dealt with by criminal and family lawyers on a regular basis. The Domestic and Family Violence Protection Act 2012 (QLD) (the Act) provides for the issuance of Protection Orders in Queensland where domestic violence is prevalent in the relationship. Protection Orders aim to protect parties who have been subject to…

The process of registering a power of attorney in Queensland is governed by the Powers of Attorney Act 1998 (Qld). A power of attorney is a document which gives another person (the attorney) authority to make financial and /or personal decisions on your behalf (the principal). For more general information, read Power of Attorney in…

The main legislation dealing with family and domestic violence in Queensland is the Domestic and Family Violence Protection Act 2012. There are also some relevant provisions in the Criminal Code 1899 that may apply. This article provides an overview of the relevant provisions and definitions provided in the Domestic and Family Violence Act 2012. The…

A police check or criminal history check is a criminal history search. The two most common types of police check in Queensland are the following: The Queensland Criminal History Check; and The National Criminal History Check. Queensland Criminal History Check A Queensland Criminal History Check provides you with a list of convictions from prosecutions by…

Restraining orders protecting a person from domestic and family violence are called Domestic Violence Orders in Queensland. They can also be called Protection Orders. The Domestic and Family Violence Protection Act 2012 is the key legislation setting out how to apply for a Domestic Violence Order in Queensland. This article goes through the process of…

Written by Chantal McNaught Queensland’s 1am lockout law, which was meant to come into effect on 1 February 2017, has been abandoned. The news comes after a report conducted six months after the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 came into effect. It concluded that, ‘the introduction of lockouts (one-way doors) is not likely…

Domestic Violence Orders (also known as Restraining Orders or Protection Orders) in Queensland seek to prevent further violence from occurring between family members or relatives. This includes parties who have an intimate relationship, a family relationship (such as parents, children and spouses), and an informal care relationship where one person is dependent on the other…