Less than one-tenth of people account for approximately two-thirds of legal matters in Australia. This suggests a disproportionate amount of people are currently carrying a potential burden of not having access to justice, resulting in a significant financial impact.

Why is Access to Justice Important?

Access to Justice is a fundamental principle of any effective legal system, hoping to ensure that all individuals are able to access equal levels of legal representation in order to best resolve their matters. The justice system seeks to balance both sides of any matter with adequate legal representation. If one party were to have an objective advantage due to legal resources available, the primary principles that our legal system is upheld upon becomes obsolete and ineffective. The ultimate goal is to ensure the discovery of truth and justice for all Australians, regardless of background.

Obstacles in Place

A pressing concern relating to access to justice is the glaringly high costs associated with retaining legal representation. Despite the implementation of legal aid services, these sometime prove to be inadequate in eligibility criteria, denying access to many individuals and resulting in a deprivation in sufficient legal support. A proposed consideration to this problem is to introduce new legal aid benefits that enlarges the group of individuals who can qualify in order to capture a larger proportion of those in need.

Another significant obstacle preventing access to justice for some individuals is the increasing use of technological resources. Disadvantaged groups may experience less quality legal support due to limited internet access or digital literacy skills. This problem is likely to continue throughout the years, as developments in technology have only become further accelerated in recent years. Discussions surrounding the methods of bridging the digital divide are essential in ensuring equal access to justice for all Australians.

Raising Awareness

Whether it’s understanding your legal issue throughout the legal process, or ensuring your voice is heard when laws are made, access to justice is essential in a functioning, democratic society. Ensuring that everyone understands that they have a right to adequate legal assistance will help our justice system produce honest, fair and just outcomes for everyone involved.

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.

Queensland is enacting new legislation aimed at criminalising coercive control to combat domestic and family violence within the state. The forthcoming legislation seeks to fortify the existing legal framework addressing the systematic nature of coercive control. Queensland has demonstrated a proactive stance with the recent passage of the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023.

The forthcoming amendments to the legislation will:

• Enhance the offence of unlawful stalking in the Queensland Criminal Code to comprehensively address the diverse range of tactics employed by perpetrators.
• Expand the definition of domestic and family violence to encompass behavior that unfolds over time, emphasizing that acts of domestic violence must be considered in the context of the whole relationship.
• Reinforce the judiciary’s response regarding cross-applications of Domestic Violence Orders, prioritizing the protection of the most in need.
• Widen the court’s authority to award costs in civil domestic violence cases to deter the misuse of the legal process for further victimization.
• Consider previous domestic violence or criminal history when determining the necessity for a domestic violence order.
• Extend protection to domestic violence complainants and other witnesses under the protected witness scheme.
• Facilitate the provision of jury directions and expert evidence on domestic violence in criminal law trials.

These amendments will significantly benefit individuals experiencing Domestic and Family violence situations.

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.

An Australian Solicitor was charged by the Legal Services Commissioner with engaging in conduct to a material degree to bring the legal profession into disrepute over the posts he made in April 2021. 

Understanding the Law 

The Legal Services Commissioner stated that the comments contravened Rule 5.1.2 of the Australian Solicitor Conduct Rules 2012, resulting in unsatisfactory professional conduct. The posts included commenting on a client’s Facebook post such as “not going to jail on my watch”, “too pretty for jail”, and “In the hoods where I’ve run people know…. keeps all the boys out of jail”. 

The Australian Solicitor Conduct is an ethical code applying to all lawyers in the legal profession. It sets out guidelines and a comprehensive framework for how lawyers are to act after being admitted into practice. These rules are in place to ensure that lawyers comply with and adhere to ethical obligations that demonstrate professionalism and respect for the legal system. 

A Reasonable, Competent Legal Practitioner 

The Legal Services Commissioner reasoned that an individual of competent and reasonable authority would not publicly name clients on social media websites, demonstrating a lack of respect and understanding for principles of confidentiality. Further, he reasoned that discussing specific details in relation to a client’s criminal law matter on social media showcases a lack of appreciation for the stringent rules in place intentioned to maintain respect the justice system. 

When you retain a lawyer, you expect a high level of professionalism and conduct. 

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.

Effective from 1 July 2024, traffic fines will change across all categories in Queensland.

Deterrent

“We need to ensure the deterrent effect of penalties and fines remains current, and people who break the law do not get a free ride.” Queensland Treasurer Cameron Dick said.

Motorists exceeding the speed limit by less than 11 kilometres will now face a fine of $322. Those caught using their phones while driving, or simply placing it on their laps, will incur a minimum fine of $1200. Speeding over 40km/h will result in a hefty fine of $1900.

Despite concerns raised regarding the potential impact on individuals facing financial strain, Queensland Transport Minister Mark Bailey remained resolute. He cited the sobering statistic of 138 lives lost on the state’s roads so far this year, 17 more than last year. “Increasing these penalties will deliver a stronger message to people who are endangering other people’s lives on our roads” he said.

Revenue

Jarrod Bleijie, the state’s deputy opposition, echoed public sentiment, “Queenslanders seek assurance that these fees and charges are directed towards initiatives promoting road safety and the maintenance of road infrastructure”.

The Queensland Treasury anticipates revenue exceeding $850 million in the upcoming financial year.

Our team specialise 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.

In January 2024, we introduced the topic of AI integration into Australian courtrooms, and today we take a more comprehensive look at this issue.

Background

Last year, we saw a law firm representing an airline employ ChatGPT to craft a legal argument, citing six fictitious cases. Amongst the court responses, “A submission filed by plaintiff’s counsel in opposition to a motion to dismiss is replete with citations to non-existent cases.” To comment that this law firm was reprimanded by the court would be an understatement. This event served as the first important lesson for the legal community regarding the risks of Generative AI.

A Repeated Pattern

Fast forward to February 2024, further issues surfaced in the US Court of Appeal where a self-represented litigant resorted to citing fake legal cases in their court filing generated by AI. The court remarked, “Particularly concerning to this Court is that Appellant submitted an Appellate Brief in which the overwhelming majority of the citations are not only inaccurate but entirely fictitious.” The repercussions were severe; the appeal was dismissed, and the appellant was ordered to indemnify (pay) the opponent’s legal expenses.

Again, at the beginning of 2024, a lawyer submitted a memorandum filled with fake citations. When pressed by the court for an explanation, the lawyer said he had “no idea” where the cases came from. Further investigation revealed that the lawyer had delegated the task of sourcing relevant precedents to colleagues who relied on AI. The lawyer apologised to the judge for the fake citations and expressed regret for failing to “exercise due diligence in verifying the authenticity of all caselaw references provided by the [AI] system”.

Broader Lesson

In an era of rapid technological advancement, lawyers should keep their finger on the pulse. The onus lies on lawyers to exercise due diligence, particularly when submitting documents to courts. Blind faith in AI not only invites judicial punishment as provided above, but also jeopardises the fidelity owed to clients.

As the legal landscape continues to evolve, embracing technology is inevitable. However, it is important that the integrity of the legal process remains untouched.

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.

Family violence is a topical issue that extends far beyond the confines of physical harm. The Family Violence Act (Tas) 2004 underscores this complexity by defining family violence as a range of behaviours that go beyond mere physical assault. From emotional abuse to economic control, family violence manifests in various forms, leaving victims grappling not only with the immediate physical repercussions but also with lasting emotional, mental and societal consequences.

The Family Violence Act (Tas) 2004 provides a comprehensive list of behaviours constituting family violence. It goes beyond the obvious physical harm, incorporating assault, sexual assault, threats, coercion, intimidation, verbal abuse, abduction, stalking, economic abuse, and emotional abuse. This expansive definition reflects a growing understanding that violence within the family unit is not confined to visible scars but encompasses a spectrum of damaging behaviours.

The inclusion of emotional abuse within the definition of family violence is a crucial acknowledgement of the profound impact such actions can have on victims. In a society where the consequences of physical harm are often more readily apparent, emotional abuse can be insidious, leaving lasting scares on the psyche of the victim. A partner’s use of demeaning language or manipulation creates a climate of fear and worthlessness, perpetuating a cycle of victimization that extends beyond the visible bruises.

The Family Violence Act of 2004 signifies a paradigm shift in recognizing that family violence is not only a breach of interpersonal boundaries but a violation of the law. Just as one cannot coerce a colleague in the workplace, one should not be allowed to coerce or intimidate a member of a household. This legal perspective challenges societal norms and emphasizes the importance of protecting individuals from all forms of violence, be it physical, emotional, or economic.

Family violence has far-reaching consequences, particularly for children who find themselves in the midst of such turmoil. Research has consistently shown that children exposed to family violence suffer trauma akin to post-traumatic stress disorder. Contrary to the misconception that children are better off in homes with both parents, the reality is that witnessing or experiencing family violence can have detrimental effects on their well-being.

Family violence is a multi-faceted issue that demands a comprehensive understanding and response. The Family violence Act (Tas) 2004 has taken a crucial step in acknowledging the various forms of harm that can occur within familial relationships. As a society, we must continue to challenge stereotypes and recognise that violence transcends physical acts, filtering into the emotional and economic realms. By broadening our understanding of family violence, we can work towards creating a safer and more empathetic society for all.

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 (03) 6240 5437.

In the wake of tragedy, the Queensland government has allocated 6 million dollars in funding for knife crime prevention campaigns, a move praised by those who have turned personal loss into powerful advocacy. The allocation, aimed at raising awareness and education, signals a step towards lasting change in combating knife-related violence.

Balin Stewart’s father, Michael, who lost his son to a stabbing incident in 2022, expressed gratitude for the funding, deeming it a step in the right direction. The Balin Stewart Foundation, established to prevent knife crime, will receive a $200,000 grant to enhance its strategies, including encouraging individuals to dispose of their knives and educating youths about the dire consequences of violence.

Similarly, the Jack Beasley Foundation, established by the parents of Jack Beasley, who was fatally stabbed in 2019, will receive $500,000 for its efforts to educate young people about knife dangers. The Beasley family played a pivotal role in the implementation of Jack’s Law, resulting in more than 450 weapons being removed from the streets through police operations. Their advocacy also contributed to the recent passage of laws restricting the sale of knives to minors.

The Government’s commitment extends to statewide initiatives, with over 5 million dollars allocated to the Queensland Police service for education and awareness campaigns on knife crime prevention. New retail sale restrictions on knives and related items are also part of the comprehensive strategy.

Premier, Steven Miles, acknowledged the remarkable efforts of the Stewart and Beasley families, turning personal tragedies into lasting legacies. Queensland, already a leader in combating knife crime, seeks to intensify its efforts with a multifaceted approach.

Police Minister, Mark Ryan, praised the families unwavering dedication, emphasising Queensland’s leading role in the fight against knife crime. The investment in education, awareness, and retail sale restrictions underscores the government’s commitment in tackling crime comprehensively.

This funding announcement prompts reflection on the broader societal issue of knife crime and violence. It raises questions about the effectiveness of prevention strategies, the role of advocacy in shaping legislation, and the responsibility of communities in fostering safety. Beyond the immediate impact, it challenges us to consider how tragedies can inspire positive change and whether such initiatives can pave the way for a safer future.

As Queensland takes bold steps to address knife crime, it prompts us to examine our own communities and reflect on the collective responsibility to create environments where such tragedies are minimized, if not eradicated altogether. The 6 million dollar investment is not just financial support; it is a testament to the resilience of families turning grief into action, striving for a society where every step forward is a step away from violence.

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.

In the heart of Armidale, northern NSW, a unique youth intervention program named BackTrack has been rewriting the narrative of troubled youth since 2006. Founded by Bernie Shakeshaft, a former dingo tracker and jackeroo, BackTrack has become a beacon of hope for young individuals teetering on the edge of the criminal justice system. As Queensland grapples with rising youth crime rates, the question arises: Should the Sunshine State adopt a program like BackTrack to address its own challenges?

A Shakeshaftian Journey:

Bernie Shakeshaft’s journey from unconventional teacher to the founder of BackTrack began with a simple yet profound observation – the transformative power of pairing troubled youth with working dogs. Shakeshaft’s hands-on approach, coupled with practical skills training in welding, farm work, and construction, offers an alternative to conventional education. Unlike programs with set timeframes,BackTrack embraces a “whatever it takes for as long as it takes” philosophy, allowing participants to stay until they find their footing.

The Cost of Detention vs. Intervention:

Shakeshaft highlights a stark reality: it costs $700,000 annually to detain a child as young as 10, while the BackTrack residential program incurs only $160,000 per year. As Queensland grapples with budget constraints and the need for effective intervention strategies, the financial argument in favour of adopting a program like BackTrack becomes compelling. Shifting the focus from punitive measures to rehabilitation could not only save resources but also contribute to long-term societal benefits.

A Track Record of Success:

BackTrack’s impact is not just anecdotal. A 2014 study by the universities of NSW and New England reported a 38% decrease in Armidale’s youth crime rates in the program’s inaugural year. The emphasis on training working dogs has played a pivotal role, offering participants a sense of responsibility and purpose. The success of BackTrack has led to its model being adopted in eight other areas, forming the Tracker network, with numerus towns expressing interest.

Teaching Beyond Academics:

The program’s holistic approach extends beyond traditional academics. BackTrack recognizes the importance of equipping youth with practical skills and offers a safe-haven for those in need. Participants are not only trained in various vocational skills but also taught life principles encapsulated in agreements displayed prominently in the program’s classroom.

A Vision for Queensland:

As Queensland considers strategies to curb its rising youth crime rates, BackTrack provides a proven model worth serious consideration. The program’s ability to transform lives, reduce crime rates, and instil a sense of purpose in at-risk youth suggest that Queensland could benefit from adopting a similar approach. In doing so, the Sunshine State may find a cost-effective and compassionate solution to the complex challenge of youth offending.

BackTrack stands as a testament to the transformative power of unconventional yet pragmatic approaches to youth intervention. Queensland, faced with its own youth crime challenges, would do well to explore the merits of a program like BackTrack. The success stories, cost-effectiveness, and community-based ethos make it a compelling model for reshaping the future of troubled youth in the Sunshine State.

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.