In response to the rising number of domestic and family violence (DFV) incidents, the Queensland Government has introduced significant reforms aimed at improving victim protection and streamlining police and court processes. While these reforms are designed to provide faster responses and better safeguards for victims, they also carry important implications for the accused and defendants facing domestic violence allegations.

As experienced criminal defence lawyers with a presence on the Gold Coast, Rockhampton, and across Queensland, we understand the complexities of these reforms and the potential consequences for individuals accused of domestic violence offences. It’s essential for anyone facing criminal charges related to domestic violence to be fully aware of how these changes may impact their case.

Key Reforms in Domestic Violence Laws

1. On-the-Spot Protection Directions

The most notable change is the new power granted to police officers, allowing them to issue 12-month Protection Directions immediately at the scene of a domestic violence incident. These Protection Directions can be issued without judicial oversight, unlike the current system, where police can only issue a five-day protection notice before the matter must be presented in court for extension.

For defendants in Queensland, this means that they could be subject to immediate protective measures, potentially before they have had the chance to present their side of the story. This could significantly impact accused individuals, especially in situations where evidence may be inconclusive or contested.

While these measures are intended to protect victims, the absence of a judicial review prior to the issuance of such orders raises concerns for the accused’ rights to due process. If you are facing such an order, it’s crucial to consult with a criminal defence lawyer to explore your legal options and ensure that your rights are upheld.

2. Faster Police Response Times and Increased Police Workload

Domestic violence incidents now account for a staggering 90% of police workload in Queensland, and officers are under significant pressure to respond quickly. The new laws aim to streamline police processes, reduce paperwork, and improve response times, allowing officers to attend more incidents and provide faster protection to victims.

While faster responses are beneficial to victims, defendants may find themselves subjected to immediate police action, even before a thorough investigation has been conducted. With increased workloads, the Queensland Police may face additional challenges in ensuring all relevant details are considered before issuing protective measures.

3. GPS Tracking for High-Risk Offenders

The Queensland Government has also committed to implementing GPS tracking for high-risk domestic violence offenders. 150 devices will be rolled out later this year, and these trackers will be used to monitor individuals subject to protection orders.

For defendants accused of domestic violence, this reform introduces another layer of scrutiny, as GPS tracking may be applied even before a conviction. The use of such monitoring measures, especially in the absence of a criminal conviction, may raise concerns about privacy rights and the presumption of innocence.

What These Reforms Mean for Defendants and the Accused in Queensland

For anyone facing domestic violence charges in Queensland, these reforms represent a shift towards quicker and more direct police action. However, this can be both a benefit and a challenge. The accused may find themselves subject to protective measures without judicial oversight, and the use of body-camera footage and GPS tracking could play a significant role in how their case is perceived in court.

Our team are experts in criminal and domestic violence law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

The Victorian government has introduced significant changes to hate speech laws, with new penalties including up to five years’ imprisonment for serious vilification offences. These changes, passed under the “Anti-Vilification and Social Cohesion Bill,” aim to address rising concerns over hate speech while ensuring safeguards against misuse.

Key Changes Under the New Laws

• Increased Penalties: Those found guilty of inciting hatred or making threats based on protected attributes now face a maximum of five years in prison, up from six months.
• Expanded Protections: The law now covers disability, gender identity, sex, and sexual orientation, in addition to race and religion.
• The ‘Sam Kerr Clause’: Named after the Matildas star’s UK trial, this safeguard ensures that courts consider social and historical contexts in vilification cases. This aims to prevent the laws from being weaponised against marginalised communities.
• Third-Party Oversight: Police must now seek approval from the Director of Public Prosecutions before pursuing charges under these laws.
• Restricted Religious Exceptions: Amendments prevent religious defences from being used to justify vilification of LGBTQ+ and other vulnerable groups.
• Legal Test for Civil Cases: The new law applies a specific legal test to civil vilification claims, asking whether a “reasonable person with the protected attribute” would consider the conduct hateful. This is a departure from the broader “reasonable person” test previously used.
• Protections for Activism: Concerns were raised that without safeguards, the laws could be misused to criminalise activists and individuals speaking out against systemic injustice. The Greens’ amendments ensure that people from over-policed communities, particularly First Nations individuals, are not unfairly targeted for challenging oppressive systems.
• Influence of Federal Case Law: The law codifies principles from McLeod v Power (2003), in which a racial vilification claim was dismissed after an Aboriginal woman called a white prison officer “white.” This precedent recognises the power dynamics involved in vilification cases.

What This Means for You

These reforms signal a tougher stance on hate speech, but also introduce new legal complexities. The inclusion of the ‘Sam Kerr clause’ acknowledges the risk of over-policing and provides an important safeguard for those unfairly targeted by the justice system.

The bill’s passage has sparked debate, with critics arguing that the legal test for vilification is too broad, potentially exposing individuals to legal action for expressing controversial views. The Coalition opposed the bill, citing concerns over free speech implications.

When Do These Changes Take Effect?

• Criminal provisions come into force in September 2025.
• Civil provisions will take effect in June 2026.

Our team are experts in criminal and domestic violence law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

A major police investigation is underway following a violent altercation in Surfers Paradise that resulted in a father and son being stabbed and another son shot after an early morning noise dispute between neighbours.

Incident Overview

Emergency services were called to a unit complex on Peninsular Drive at approximately 2:00 am. Upon arrival, they discovered a 44-year-old man with stab wounds to his leg, neck, and head. His 21-year-old son had sustained two gunshot wounds to the stomach, while another son, 23, suffered minor cuts.

Reports indicate that the confrontation began when the father asked his upstairs neighbours to keep the noise down. Security footage allegedly captures the moment when 30-year-old Mitchell Barnes fired a warning shot from the back deck, triggering the violent altercation.

Barnes allegedly fled the scene in a white Mazda hatchback before transferring to a black Toyota Camry with New South Wales number plates. Police later recovered a revolver and a knife, described as a keyring-style weapon, at the scene. A motorcycle was also seized for forensic examination.

Detective Inspector Mark Mooney confirmed the ongoing search for the suspect, stating, “We believe he may still be armed and urge anyone with information to come forward.” The father remains in critical but stable condition, while the gunshot victim is stable at Gold Coast University Hospital.

Legal Implications

The alleged offences in this incident may attract serious criminal charges under Queensland law, including:

1. Grievous Bodily Harm (GBH) – Section 320 of the Criminal Code Act 1899 (Qld):
   • Causing GBH carries a maximum penalty of 14 years’ imprisonment.
2. Acts Intended to Cause Grievous Bodily Harm and Other Malicious Acts – Section 317:
   • If the shooting or stabbing was intentional and with intent to cause harm, the offender may face a life sentence.
3. Unlawful Possession of a Firearm – Weapons Act 1990 (Qld):
   • Possessing or discharging a firearm in a public place carries significant penalties, including up to 7 years’ imprisonment.
4. Assault Occasioning Bodily Harm – Section 339 of the Criminal Code:
   • If the victims sustained bodily harm due to the attack, the offender could face up to 10 years in prison.
5. Wounding – Section 323:
   • Stabbing someone with the intent to cause injury is a serious offence carrying up to 7 years’ imprisonment.
6. Attempted Murder – Section 306:
   • If there is evidence that the suspect intended to kill, the offence could carry a life sentence.

Our team are experts in criminal and domestic violence law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

A serious data breach in the New South Wales court system has exposed approximately 9,000 sensitive legal documents, including affidavits and apprehended violence orders (AVOs). The breach has raised significant concerns about privacy and data security within the justice system.

What Happened?

The breach occurred within the NSW Online Registry, an online platform that provides secure access to civil and criminal case information. Upon discovery, NSW Police’s cybercrime squad launched an investigation in collaboration with the Department of Communities and Justice (DCJ). Authorities are working urgently to assess the full extent of the leak and mitigate any further risk.

Government Response

Following the breach, the NSW Online Registry was taken offline for “scheduled maintenance” on Wednesday night. NSW Attorney General Michael Daley has assured the public that the government is taking this matter seriously.

“The NSW government is taking this incident seriously. I am assured that DCJ is working with Cyber Security NSW and the NSW Police to ensure the ongoing integrity of the system,” Daley said. “They are also working to urgently identify and contact affected users, and the public will be kept updated as more information becomes available.”

What Does This Mean for Defendants and Legal Professionals?

This data breach could have significant legal and practical consequences for defendants, legal professionals, and others involved in NSW court matters. Sensitive court records being exposed may lead to breaches of privacy, or interference with ongoing cases. Additionally, any compromise of legal strategies or confidential evidence could impact case outcomes, potentially leading to appeals or retrials.

If confidential information relating to your case has been compromised, it may be necessary to seek legal advice on whether this breach could impact your defence, sentencing, or ongoing proceedings.

Next Steps

Authorities are in the process of identifying affected individuals and implementing security measures to prevent future breaches. If you are concerned about your data security, you may wish to:

• Monitor any communications from the Department of Communities and Justice regarding potential exposure.
• Seek legal advice if you believe your case may be impacted.
• Stay updated on official announcements about the breach.

Our team are experts in criminal and domestic violence law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

The new laws introduce harsher penalties for young offenders, designating 13 serious offences as adult crimes. These include:

• Serious assaults;
• Breaking and entering;
• Dangerous operation of a vehicle;
• Manslaughter;
• Murder.

Under these changes, for example, children convicted of murder must receive a life sentence, with a minimum non-parole period of 20 years.

Immediate Enforcement Actions

Since the enactment of Queensland’s “adult crime, adult time” legislation in December 2024, there have been developments in youth crime statistics and enforcement actions. In the three weeks following the introduction of the new laws, Queensland Police arrested 227 young offenders, resulting in 484 charges.

Recent data indicates that more than 50,000 youth crime offences have been committed in Queensland communities so far this year.

Concerns Over Prison Overcrowding

Queensland already detains more children than any other Australian state, and the prison system has been over capacity for a decade. The new laws are expected to further strain resources, with whistleblowers warning of “horrendous” conditions in overcrowded watch houses.

Premier Crisafulli conceded that the laws would create “real pressure” on the youth justice system but stated:

“In the long term, we have a plan to deliver a raft of other detention facilities and different options … In the short term, there will be some real pressure.”

Conclusion

The reforms have been welcomed by some victims’ rights advocates but have drawn sharp criticism from legal and human rights groups.

With concerns over prison overcrowding, legal challenges, and human rights implications, the effectiveness of the laws will likely be closely scrutinised in the months ahead.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Cross-examining a witness in a domestic violence civil proceeding requires strategic questioning while adhering to the legal restrictions set out under Queensland law. In these matters, the Domestic and Family Violence Protection Act 2012 (Qld) governs the proceedings, including how cross-examination is conducted.

1. Understanding the Scope of Cross-Examination

Cross-examination in a civil domestic violence hearing is focused on testing the reliability and credibility of the witness, rather than proving guilt beyond a reasonable doubt.

An applicant / respondent (or their lawyer) can question the aggrieved / respondent or other witnesses on:

• Inconsistencies in their statements (e.g., differences between their affidavit, police statement, or oral evidence).
• Lack of independent corroboration (e.g., no medical records or witness support for their claims).
• Motive for making the allegations (e.g., custody disputes or relationship breakdowns).

2. Framing Questions Effectively

When cross-examining a witness, the following strategies can be used:

• Ask Closed-Ended Questions: Instead of broad questions, use direct ones that require a yes or no answer (e.g., “You did not report this incident to police, correct?”).
• Challenge Vague Statements: If the witness makes a general claim, ask for specifics (e.g., “You stated the respondent was aggressive—what exact words did they use?”).
• Use Prior Inconsistent Statements: If the witness has provided multiple versions of events, You could highlight these inconsistencies.

Restrictions on Cross-Examination by Respondents

Under Section 151 of the Domestic and Family Violence Protection Act 2012 (Qld), a self-represented respondent is generally prohibited from cross-examining the aggrieved or certain protected witnesses in person. This restriction is designed to prevent further trauma or intimidation. For this reason, it is usually imperative to have a lawyer / and or barrister to cross examine witnesses so that the evidence can be tested.

Conclusion

Cross-examining a witness in a domestic violence civil proceeding requires careful planning and compliance with strict legal protections. If a respondent is self-represented, they cannot directly question the aggrieved and must use alternative methods approved by the court. A well-structured cross-examination can highlight inconsistencies and credibility issues while remaining within the legal framework. Seeking legal representation can significantly improve the chances of a fair outcome.

Our team are experts in domestic violence law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Cross-examination in a Queensland Magistrates Court criminal proceeding is a crucial tool for testing the credibility, reliability, and accuracy of a prosecution witness’s evidence. The Evidence Act 1977 (Qld) and common law principles govern how cross-examination is conducted. A well-executed cross-examination can expose inconsistencies, bias, or weaknesses in the prosecution’s case, potentially leading to reasonable doubt (the threshold for whether you are guilty).

1. Purpose

The objective of cross-examining a prosecution witness is to:

• Test the reliability of their evidence (e.g., are they mistaken or exaggerating).
• Expose inconsistencies in their testimony (e.g., contradictions between their statement to police and oral evidence).
• Highlight bias or motive (e.g., personal grievances, self-interest in the outcome).
• Challenge the strength of the prosecution’s case (e.g., lack of corroborating evidence).

Under Section 21 of the Evidence Act 1977 (Qld), a witness may be cross-examined on matters relevant to the case, provided the questioning is not misleading, repetitive, or oppressive.

2. Preparing for Cross-Examination

Before questioning a witness, it is essential to:

• Review all prosecution material, including witness statements, police records, and CCTV footage (in the form of a brief of evidence).
• Identify inconsistencies between written statements and oral testimony.
• Plan a strategy—decide whether to challenge credibility / reliability or elicit admissions favourable to the defence.

The first question is whether you need to cross-examine the witness at all. You should have worked this out before the trial.

3. Key Techniques for Effective Cross-Examination
      A. Ask Leading Questions

• Leading questions suggest the answer and control the witness’s response. Example:
  • ❌ “What happened after you saw the defendant?” (Open-ended)
  • ✅ “You only saw the defendant for a few seconds, correct?” (Leading)

*There are rules governing when you can and cannot ask leading questions.

        B. Question Their Memory & Perception

• Memory fades over time, and perception can be flawed:
  • “It was dark, and you were 20 metres away. Are you sure you could clearly identify the accused?

       C. Highlight Bias or Motive

• If the witness has a reason to lie or exaggerate:
• “You have a civil case against the accused, don’t you?”

4. Legal Boundaries & Objections

Cross-examination must follow legal rules:

• No Harassment or Intimidation: The Magistrate can intervene if questioning becomes aggressive.
• No Irrelevant or Prejudicial Questions: The witness’s personal history or character cannot be attacked unless relevant under Section 20 of the Evidence Act 1977 (Qld).
• No Hearsay Evidence: A witness cannot testify about what someone else told them unless an exception applies.

Conclusion

Cross-examining a witness in a criminal matter requires careful preparation, precise questioning, and adherence to legal rules. The goal is to highlight inconsistencies, question reliability, and cast doubt on the prosecution’s case. A skilled cross-examination can be the difference between conviction and acquittal—making legal representation crucial for anyone facing criminal charges in Queensland.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

The Benefits of Adult Restorative Justice in Queensland

Restorative Justice (RJ) is a progressive approach to addressing crime that focuses on repairing harm by facilitating dialogue between offenders, victims, and the broader community. In Queensland, adult restorative justice programs offer a range of benefits for all parties involved, emphasising accountability, healing, and community cohesion.

Benefits for Victims:

Victims of crime often seek understanding, closure, and a sense of empowerment. RJ programs in Queensland provide avenues for victims to:

• Empowerment: Victims can voice how the crime affected them and directly ask questions to the offender.
• Closure: Personal interaction with the offender can help victims process their trauma and find emotional healing.
• Restitution: Victims may receive meaningful apologies or agreed-upon reparations that address their specific needs.

Benefits for Offenders:

• Accountability: Offenders confront the personal impact of their actions, fostering a sense of responsibility.
• Rehabilitation: RJ encourages behavioural change and reduces reoffending rates.
• Reintegration: Offenders can reconnect with the community through constructive actions.
• Access to Support Services: RJ programs may connect offenders with mental health services or substance abuse programs, addressing root causes of offending.

• Alternative to Formal Punishment: Participation can lead to reduced sentences or diversion from traditional court processes.
• Faster Resolution: RJ sessions typically conclude faster than prolonged court proceedings.

• Community Reconnection: Offenders may engage in community service or other restorative actions to reintegrate positively.
• Support Networks: Programs often introduce offenders to mentors or supportive peers who guide them away from reoffending.

Benefits for the Community:

Restorative justice strengthens the broader community in several ways:

• Stronger Relationships: Community involvement in RJ fosters collective healing and mutual understanding.
• Reduced Recidivism: Studies indicate that offenders who participate in RJ are less likely to reoffend, improving public safety.
• Cost-Effectiveness: RJ programs typically consume fewer resources than formal court proceedings, saving taxpayer funds.

Queensland’s Approach to Adult Restorative Justice:

In Queensland, RJ programs often serve as alternatives to formal legal action or as complementary post-sentencing measures. The emphasis is on accountability, repairing harm, and creating pathways for offenders to reintegrate into society constructively.

Conclusion:

Adult restorative justice in Queensland delivers significant benefits across personal, legal, and community dimensions. By fostering accountability, promoting healing, and facilitating rehabilitation, RJ not only aids victims and offenders but also contributes to a safer, more cohesive community.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.