The Matter:
Parenting Matter with allegations of sexual assault
Court Attended:
Family Court of Australia
Attendance Date:
7/12/2017
Overview of Case:
Parenting dispute where the parents have separated and are trying to put in place parenting arrangements for the 5yo child. Child has made disclosures of being sexually abused by his brother and father which caused the mother to withhold the child from the father.
The Father commenced court proceedings seeking time with the child
Outcome:
Successfully had the matter transferred from the Federal Circuit Court to the Family Court and placed on the “Magellan List” – which is for cases involving sexual abuse or significant levels of violence. Matter now being closely monitored by the Family Court.
Australia has now joined the rest of the modern world in legalising same-sex marriage. The Bill was passed by the lower house of Government on 7 December 2017 and was assented to by the Governor-General in the morning of 8 December 2017.
This means that same-sex couples can register their intentions to marry as of 9 December 2017, and will officially be able to marry as of 9 January 2018.
This is a momentous day for Australia, as it finally allows same-sex couples to wed as heterosexual couples can, and be awarded the same rights as a result.
If you are in a same-sex relationship and are intending on marrying, and want advice on protection of your assets, please contact us to speak to one of our Family Law experts.
The Charges:
Parenting Matter
Court Attended:
Federal Circuit Court of Australia at Brisbane
Attendance Date:
29/11/17
Overview of Case:
We act for the father in a parenting dispute. The father has significant concerns regarding the mother’s new partner due to the new partner’s extensive criminal history and propensity for violence towards women and children. The partner has breached Domestic Violence Orders on numerous occasions and continues to do so.
Mother claims that the new partner is not a risk to the children despite evidence of domestic violence between her and the new partner that is ongoing with regular police involvement and wants her new partner to be allowed near her children.
Outcome:
Successfully argued to continue an injunction against the mother’s new partner from being allowed within 100m of the children and was successful in having the distance increased to 500m, with no increase of time between the mother and the children.
The Charges:
Wilful Exposure (Aggravated)
Court Attended:
Cairns Magistrates Court
Attendance Date:
December 2017
Outcome:
The client had a history of a similar offence. The circumstance of aggravation was successfully removed from the recent offence to the benefit of our client. The client received expert legal advice on preparations to complete prior to finalising his matter and after in depth submissions, the client only received a small fine. For an experienced criminal lawyer in Cairns that will protect your rights, contact Brooke Winter Solicitors today.
Favourable comment by client:
The client was very grateful
The Charges:
Driving whilst relevant drug present in blood or saliva
Court Attended:
Southport Magistrates Court
Attendance Date:
November 2017
Overview of Case:
The client was charged with drug driving on the Gold Coast. He worked full time and required his licence in order to keep his job. He came to us and obtained expert legal advice on his charge and preparations to complete prior to attending court. We assisted him by drafting all his Affidavit material and completing a section 87 work licence application for him.
Outcome:
The client received the mandatory minimum disqualification of one (1) month and was granted a section 87 work licence during that time. No convictions were recorded upon successful submissions made by our office on his behalf.
The Charges:
Assault Occasioning Bodily Harm (AOBH)
Court Attended:
Brisbane Magistrates Court
Attendance Date:
28/11/17
Overview of Case:
The client was charged with Assault Occasioning Bodily Harm (AOBH). There was evidence and admissions by our client that an altercation had occurred however our client instructed that the victim was attempting to damage his property. The matter proceeded to Trial.
Outcome:
Our client was found to have used reasonable force to protect his property and was acquitted of the charge.
The outcome for a brother and sister who robbed a Burleigh Service Station.
Two highly intoxicated siblings who made a terrible decision in July last year to rob a Burleigh Caltex Service Station using a knife pleaded guilty to the robbery last week on November 23rd.
In a sincere letter of remorse to the courts, the brother and sister gave a heartfelt apology to not only the court, but also the complainant in the matter and the community at large, apologising for their regrettable actions.
Criminal Lawyer Brooke Winter who represented the pair said they had made a terrible and tragic decision that has affected them accordingly. Raquel and Ethan Evans were given a three year jail sentence with immediate parole for the time they had already served.
What is a Taser and how does it work?
A Taser is an electroshock hand-held weapon produced by Axon (formerly Taser International). It is a non-lethal weapon that police officers can use as an alternative to deadly firearms. Tasers can subdue a potentially dangerous individual without causing any serious injury. It is a very helpful tool to reduce fatality during police confrontations.
When you fire a Taser, it produces two electrodes that remain connected to the weapon by very thin wires. These electrodes will send an electric current to incapacitate muscles. The electrodes are stored in a cartridge that needs to be replaced after every shot (some models can fire up to three shots). A Taser can fire up to 11 metres and can penetrate clothing.
What does the law say about owning a Taser?
It is illegal for civilians to own a Taser anywhere in Australia. Not even all police officers can carry a Taser. In Queensland, only police personnel on patrol and members of the Special Emergency Response Team are allowed to carry a Taser. They are trained to assess situations and decide if use of Tasers is the most appropriate solution. Police officers can only use a Taser after passing a rigorous training about proper handling and risk analysis. The Taser models currently used by Queensland Police are M26 and X26.
What is the danger of using a Taser?
It is illegal for civilians to own a Taser anywhere in Australia unless you are the holder of a Category R Weapons Licence (Weapons Categories Regulation 1997 Qld). It is a highly restricted item and not even all police officers can carry a Taser. In Queensland, only police personnel on patrol and members of the Special Emergency Response Team are allowed to carry a Taser. They are trained to assess situations and decide if the use of Tasers is the most appropriate solution. Police officers can only use a Taser after passing rigorous training about proper handling and risk analysis. The Taser models currently used by Queensland police are M26 and X26.
How can we be sure that Tasers are not misused by Police?
The Queensland Police Service is continuously developing its training and policy on Taser handling. All is in coordination with the Crime and Misconduct Commission and overseen by the Ethical Standards Command. This is to make sure that no policy loopholes are overlooked in terms of Police use of Tasers. Constant reviews and investigations of incidents involving Police use of Tasers are also made to make sure that all police officers comply with the policy made by QPS. Back in 2013, CMC published a report on all incidents involving multiple and prolonged deployments of tasers. Queensland Police Officers who were found guilty by the investigation received disciplinary action.
You can reach out to CMC and ESC for any complaints or concerns regarding Tasers misuse of Police Officers.
Uber is a ride-sharing service that uses mobile application technology and internet for its operations. It gives convenience to passengers because of the capability to order car service from anywhere. It also promotes cash-free transactions due to its online payment technology. Uber is currently operating in more than 500 cities around the world.
How did Uber Start in Queensland?
The American-operated company started in the province back in October 2012. Its popularity to commuters quickly rose because Uber fares are generally cheaper than regular taxis. The number of Uber drivers also grew fast because of the growing demand. It was also easy to get into Uber business because there was no requirement yet to pay for any government licenses and fees.
Due to the increasing popularity, people began to question the status of Uber in Queensland. Many people questioned its legality, especially the taxi drivers. However, there was no law at that time that says Uber is illegal. Although drivers can be penalized for driving without an Authority, Uber was still not government licensed and regulated. Thus, Uber continued to operate freely in Queensland. On the part of commuters, riding Uber was also not illegal, but safety was a big concern.
What is the status of Uber?
Because of all the questions regarding Uber operations, the Queensland Government legislated for its regulation. In September 5 of 2016, Uber was made legal to operate in Queensland. All booked and ride-sharing services, together with limousines, taxis and other hired cars are now regulated under a new law. It required all Uber drivers to have valid drivers’ authorization. They should pass health and criminal checks to have the legal authorization. Drivers should also obtain the annual Booked Hire License of $237.26. Uber cars should pass the safety inspection before they can get on the road.
Should Taxi Drivers be concerned?
To support the taxi drivers after the legalization of Uber and other ride sharing businesses, the Queensland Government provided a “hardship fund” worth $26.7 million. A total of $100 million assistance was given to the taxi industry. The government waived $4.3 million worth of fees for taxi business. The maximum age limit for taxis was removed as well. These should give fairness to the taxi industry in competing with ride sharing services.
What is the future for Uber and other ride-sharing business?
Now that the Queensland Government has put all ride-sharing services in the same playing field as the taxis, we can expect more changes in Uber regulation. Also, expect Queensland laws for Uber to constantly develop in creating a fair market among all transport service industries. With the transition fund that the government provided to the taxi industry and its plan to open the market for new taxi business, Uber can expect a tougher competition in the future.
The Charges:
The client was responding to a Domestic Violence Order application.
Court Attended:
Southport Magistrates Court
Attendance Date:
September 2016
Outcome:
- We successfully negotiated with the aggrieved (the person who applied for the DVO), resulting in the withdrawal of her application. No DVO was made.
Our criminal lawyers have years of experience dealing with Domestic Violence Orders and similar applications. Whether you’re seeking an order, or responding to an application, we can help negotiate the best possible outcome.
Contact the legal team at Brooke Winter Solicitors for qualified advice and defence when you need it most. Call us on 1300 066 669 today.
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Criminal Law, Traffic Law and Domestic Violence related matters anywhere in Australia
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