QLD

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…

Adult guardianship in Queensland is handled by the Queensland Civil and Administrative Tribunal (QCAT). QCAT can appoint a person as an adult guardian in respect of a person aged over 18 who has impaired decision making. Guardians have the authority to assist in making certain decision for the person under guardianship. Adult guardianship is governed…

The offence of fraud is governed by section 408C of the Queensland Criminal Code 1899. That provision states that a person commits fraud if they dishonestly: Apply to their own use or to the use of another person property belonging to another or property in the person’s possession that is subject to a trust, direction or…

If a child whose safety and welfare you are concerned about is the subject of child protection proceedings, it is important to understand the legislative framework. If your grandchild, niece, nephew or another child you care about has been removed from their parents’ care, you may be called to give evidence in court. As a…

If you are a party to a Domestic Violence Order made in Queensland, it is important to know that this order can be enforced or amended in all other Australian states and territories. The National Domestic Violence Order Scheme introduced new laws in 2017 to streamline this process. This means that you can now be…

A Sentencing Assessment Report (SAR) is used to assist a court to determine the appropriate sentencing orders to impose on a defendant. Sentencing Assessment Reports are prepared in response to an order by the court for an SAR to be prepared. Such an order may be made because of the nature of the offence, the…

Residential leases in Queensland are governed by the Residential Tenancies and Rooming Accommodation Act 2008. The act sets out the circumstances under which a residential lease may be terminated and the procedure for termination. When a party is breaking a residential lease without a specific reason, the party terminating it may be required to pay…

The right to silence is recognised as a fundamental common law right in all Australian jurisdictions. In Queensland, it is codified in Section 397 of the Police Powers and Responsibility Act (PPRA), which states that a person’s right to refuse to answer questions is protected, unless they are required under legislation to answer the questions.The…

Certain criminal offences fall under the category of ‘strict liability offences.’ These are offences for which the prosecution is not required to prove that the accused had an intention to commit the crime. In other words,  a strict liability offence does not have a mens rea, or ‘guilty mind’ element. When a person is charged…