Medicinal marijuana can assist in relieving the symptoms of a medical condition such as chemotherapy induced nausea and vomiting, palliative care, severe muscular spasms and some forms of chronic pain. 

Medicinal marijuana have active medicinal ingredients called cannabinoids. Although there are hundreds of cannabinoids in marijuana plants, the most well known are CBD (cannabidiol) and THC (Delta-9-tetrahydrocannibinol).

Medicinal marijuana is only legal if it is possessed and used by the individual it is lawfully supplied to. It must be prescribed by a doctor who has the required Commonwealth approvals and authority to prescribe. 

Marijuana remains illegal in Queensland under the Drugs Misuse Act 1986. This is inclusive of possession, supply, production or trafficking of marijuana (known as a dangerous drug). Maximum penalties for such offences range from 15 to 20 years as maximum penalties. 

The method prescribed by a doctor can vary from liquid form or inhalation which is legal for the prescribed user. Prescribed medicinal marijuana impacts an individual such that they would be impaired whilst driving, or if the medicinal cannabis contains tetrahydrocannabinol (THC) and drive they may be charged with an offence under the Transport Operations (Road Use Management) Act 1995, irrespective if it has been prescribed. 

In Australia the Therapeutic Goods Administration regulates medicinal marijuana and must approve all applications for the use of medicinal cannabis prior to the doctor prescribing. 

Our team specialise in criminal defence. 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.

Once a parking fine has been issued, there is generally nothing the person issuing the fine can do to revoke the ticket. However, if you believe you’ve wrongly been issued a parking fine, you generally have three options:

• pay the fine;
• appeal the fine to your local council; or
• take the matter to court.

There are often time restrictions, in relation to contesting parking fines so ensure that you are aware of your local jurisdictions time constraints.

The main grounds under which a fine can be appealed include the facts of the fine being incorrect, another party being the driver of the vehicle, and exceptional circumstances. Often fines can be appealed due to medical emergencies, mechanical breakdowns, incorrect details, and faulty parking machines.

Appealing a parking fine is often unsuccessful where the reason for the appeal is simply not seeing a sign, financial hardship, overstaying the allotted parking time, disagreeing with the law, or being unaware of the law.

In order to appeal the fine, you must provide your evidence to your local council. Depending on your location, this can often be done online. You will need to provide your contact details, the details of the parking ticket, your vehicles details, and reasons for which you wish to appeal the ticket. Further, depending on the circumstances of the fine, you may provide additional evidence such as photos, diagrams, copies of permits, medical evidence, or a copy of a police report.

If your appeal is denied by your local counsel, you may choose to pay the fine or to take the matter to court. To take the matter to court, depending on your location, you may complete the form provided on the back of the ticket, or make a written request. You may wish to obtain legal advice prior to your court date. If you are later found guilty of the offence in court, you may be obligated to pay the original cost of the fine as well as additional court costs.

Did you know that Australia’s constitution does not provide for the federal parliament to legislate road rules? 

This means, that responsibility of deciding road rules, is left to each state and territory, meaning there is no consistent traffic rules all over Australia. 

Historically, the difference between states and territories road rules has led to road users being confronted with inconsistent rules, resulting in unnecessary inefficiencies and avoidable fines.

There was an effort in January 1999 by the Australian Transport Council for the adoption of a common regulatory framework. Whilst approved, these rules remain only a guideline. 

Examples of inconsistent road rules include:

• In the ACT, QLD, TAS and VIC, when you are leaving a parking area in the centre of the road, you must leave the parking area by driving forward ONLY.
• In ACT, NSW, SA and VIC, when you are passing a stationary emergency vehicle, you must slow to 40km/h. 
• In NSW a driver must take due care, by slowing down, or stopping a vehicle in order to not splash mud on; a) any person in or on a bus, b) any person entering or leaving any bus, c) any person waiting at any bus stop.
• In every state, except for the NT, the default speed limit on a road outside a built up area is 100km/h.
• In every state, except for the NT, the default speed limit on a road in a built up area is 50km/h.
• In every state, except VIC, you are allowed to cross a single continuous dividing line to safely pass a bicycle rider. 

To find out more, we recommend the following useful links, alternatively, our team specialise in traffic 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.  

• National Transport Commission – The Australian Road Rules
• ACT: Road Rules
• NSW: Road Rules
• NSW: Road Users Handbook  
• NT: Road rules in NT
• QLD: Queensland road rules 
• QLD: Your keys to driving in Queensland 
• QLD: Practice road rules test 
• SA: The Driver’s Handbook 
• TAS: Tasmanian Road Rules
• VIC: Road to Solo Driving handbook 
• WA: Guide to Driving in WA

Essentially in relation to traffic laws, you will be provided with an Infringement Notice or Notice to Appear for any traffic offence unless you are able to show an extraordinary emergency. Even in extraordinary emergencies you may be issued with an Infringement Notice or charged and there are steps you will be required to take to show that you were in circumstances that were an extraordinary emergency.

 For example relation to an offence of speeding, if you’ve received a speed camera fine while you were acting under a sudden or extraordinary emergency there are some steps you will be required to take in relation to such infringement notice. 

The documentary evidence that will be required will be the following: 

• The name and address of the doctor who administered treatment;
• The nature of the illness;
• The date and time treatment was administered; and
• The circumstances that support the sudden or extraordinary emergency. 

You will be required to include the details of the infringement notice, namely, the infringement notice number, your name, forwarding address details and other relevant details. The claim will then be reviewed and you will be notified if the material provided was an extraordinary emergency. 

However, if charged with an offence that you must attend Court for, the law provides that a person is not criminally responsible for an act or omission done or made under such circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary powers of self-control could not reasonably be expected to act otherwise.

If you have a defence then in most cases you will need to take the charge (such as a disqualified driving charge) to trial to be found not guilty. There are occasions whereby it is possible to make a submission to Police Prosecutions to attempt to have the matter resolved prior to a Trial. If the matter proceeds to Trial you will be before a Magistrate, not a jury in the summary Court. If you are found not guilty based on the defence of extraordinary emergency the matter will be finalised without any penalty or recording of a conviction. However, if you are found guilty of the offence the Magistrate will impose a penalty depending on the circumstances of the offending and your background.

Our team specialise in criminal defence. 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 Queensland youth crime is on the rise. The figures include an increase in stealing offences, unlawful use of vehicle charges, and property damage.  

In 2021 the Queensland government imposed a controversial crackdown on youth crimes. Since then, the average number of young person’s held in custody has increased. 

The crackdown came as a result of three high-profile killings occurred last year. The deaths involved youths driving stolen vehicles.  

As a result of the initiative, new laws have been imposed including bail laws, as well as the use of GPS tracking devices for repeat offenders.  

Youth offenders can now be denied the presumption of bail if found committing additional offences of a serious nature, whilst on bail.  

It is believed that a small group of offenders, fewer than 400 youths, is responsible for over half of the crime committed in Queensland.  

Our team specialise in criminal defence. 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. 

Between Wednesday afternoon and Friday morning, 5 deaths occurred as a result of collisions and crashes on Victorian Roads. 

The incidents occurred in Melbourne, Buxton, Flynn, and Geelong. 

Glen Weir, the Road Policing Assistant Commissioner spoke to the risk the winter period poses in Victoria in relation to traffic accidents. 

‘We are entering a high-risk period on Victorian roads that saw 18 lives lost last year (over the accompanying two-week period). Now is not the time to be complacent when getting behind the wheel.’

There are currently 19 more road deaths in Victoria than there was this time last year. 

Weir also spoke about the importance of abiding by traffic laws. 

Weir said, ‘Slowing down, remaining alert and being extra cautious when roads are wet or visibility is affected are simple but lifesaving measures all motorists can take to protect themselves and other road users.’

He further said, ‘Slowing down, remaining alert and being extra cautious when roads are wet or visibility is affected are simple but lifesaving measures all motorists can take to protect themselves and other road users.’

Our team specialise in criminal defence. 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.

Are you going to jail for the first time in Australia? Here’s everything you need to know.  

This article is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of the interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.   

If you are convicted of a serious offence, you may be sentenced to jail for a period of time. If you are sentenced to jail by the court then you will be immediately taken into custody. You will generally not have time to say goodbye to friends and loved ones and give them a hug. You will be immediately taken into custody by either the Queensland Police Service Officers or Corrective Services Officers depending on the location.   

If you think that you are going to be sentenced to jail then it is a good idea to have the following on you before you go to court; 

• A list of all the names and telephone numbers of Family, Friends and your lawyer; 
• Cash (you cannot take any more than $1,000.00 into a correctional facility); 
• Any medication that you are required to take.   

DO NOT have anything on you that would be illegal i.e., drugs, weapons as you will be charged with these offences. You cannot smoke in a watchhouse or a jail so don’t take cigarettes or tobacco with you.   

You will be taken to the nearest watchhouse. Some watchhouses are attached to the courts. When you arrive at the watchhouse you will be processed by the officers. You will be strip-searched and all property will be removed from you. If you have a mobile phone with you then that will be taken and switched off. You will then be formally identified, photographed, fingerprinted and entered into the custody records. A risk assessment will be conducted as to whether or not you are a risk of self-harm or harm to any other person. A health check will be conducted and any medication will be assessed by the watchhouse nurse.   

You will then be placed in a cell, usually with other prisoners. The watchhouse cell is very basic and you will only have access to a bed, a toilet and a TV and you will be provided with meals and any medication that you are required to take.   

A prisoner will remain at a watchhouse until a vacancy becomes available at the nearest remand centre. This period of time will vary but could be as little as 24 hours or as long as 2 weeks.   

If you are sentenced from a court in South East Queensland then you will be taken to the Arthur Gorrie Correctional Center in Wacol, Brisbane. If you are sentenced by a regional court then you will be taken to your nearest jail.   

Locations of Queensland Jails 

What Happens if You Are Sentenced to Jail? 

You will be transported from the watchhouse to the jail in a secure vehicle by either Queensland Police or Queensland Corrective Services officers. When you initially arrive you will be processed by the jail staff who will confirm your identity and formally admit you to the jail.   

Your property will be taken from you and you will again be strip-searched and given a medical examination. You will be allowed to take a shower and you will be issued with prison clothes (green in colour) – this is the standard prisoner ‘uniform’. You will then be interviewed by a counsellor and allowed to make a phone call. You will then be assessed for security classification (i.e., if you are a high-risk prisoner) and then allocated a cell.   

You will then participate in an induction where you will learn about how the prison works and its rules. You will be shown what is required of you and the expectations of the jail. You may be reclassified and re-assessed at any time at the discretion of the jail. You may be relocated to another prison if required at any time.   

What Happens Once You Are Sentenced to Prison 

Day-to-day life as a prisoner is highly structured and based on a strict routine. There is the requirement for regular musters and head counts and assignment of tasks for the day. The vast majority of the time however is described as boring which is why many prisoners take up exercise or seek employment in the jail if they can.   

Standard Prison Cells 

In most prisons in Queensland, there are single cells that house one prisoner. In times of accommodation shortages, however, the cells may house two prisoners with a portable bed. In each cell, there is a bed, a shower and a toilet.  Each prisoner is responsible for their own cell and they are responsible for keeping it neat and tidy at all times. A prisoner will generally be able to keep their own personal effects in their cell including letters, photos, books and stationery, sometimes a television, a radio, a bible or religious writings, and educational items. Prisoners will spend long periods of time in their cells but will be allowed to move throughout the prison at meal times, for exercise, visits by family and friends and their lawyer, and also for medical appointments. If the prisoner has a job, then they will be permitted to move within the jail for their employment.    

The cells are searched from time to time and any prohibited items (“contraband”) will be seized.  These items include drugs, weapons, mobile phones and any other items that are not permitted, and which pose a threat to the security of the jail. If a prisoner has prohibited items in their cell, they could be charged with a criminal offence and/or punished by the jail.  This could include the transfer to another cell, transfer to another jail, isolation from other prisoners, removal of rights including visits and removal from employment privileges.   

Jail Clothes

You have to wear prison-issued clothes at all times however you may be allowed to wear your own clothes (i.e., suit) to court if you wish.   

Employment 

There is no obligation for a prisoner to work whilst they are in jail, however most people choose to  

work if they are given the opportunity.  Prisoners generally choose to work so that they can earn some money which will be added to their prison account, and also to give them something to do to prevent the boredom.   

Work can be sourced to assist with the day to day running of the prison such as in the kitchen, cleaning or laundry. There may be other jobs available from time to time in industries such as maintenance, metal, leather and woodworking. A prisoner will receive payment based on a rate determined by the jail. This is not the same as the minimum wage and prisoners are not covered by industrial relation entitlements.   

If a prisoner is employed whilst they are in jail then this will reflect well on any later applications for parole. If a prisoner wants to work but there is nothing available then they may be entitled to a small unemployment payment.    

A prisoner may also be engaged in unpaid employment if they are part of a training program or vocational program. This is good for gaining skills in areas that they might be able to use when they are released.   

In addition, there are educational, rehabilitation and other interest courses conducted from time to time in the prison system. There is also generally access to a library for educational and research purposes.   

Medical Needs 

Prisoners have the right to access medical and health facilities whilst they are in jail. These facilities are however extremely limited and the right to Medicare is lost whilst in jail. Generally speaking, over the counter medication such as Panadol is not available. Each prisoner will be given a health check when being admitted into the jail and there is access to a doctor whilst in jail if required. The responsibility of health within the jail is the responsibility of the Department of Corrective Services and the Health Department.   

There is a general complaint that there is poor access to medical treatment whilst in jail. This includes both physical health and also mental health. There is generally poor access to counsellors and psychologists. If the complaint is non-life-threatening then it can take a number of days or even weeks for the prisoner to see a doctor. Generally, prescription medication is crushed and given to the prisoner to take under the supervision of a nurse. This is to prevent the trafficking of drugs within the jail.   

A prisoner must comply with any reasonable direction given to them by prison doctors. This can include the requirement for blood and urine samples and also for body cavity searches. If the prisoner fails to comply with the direction, then force may be used.   

Purchasing Items in Jail 

A prisoner will have an account in which they have money and will be allowed to purchase personal items. The maximum amount of money that can be held in the account is $1,000.00 and deposits can be made by family and friends. You will be allowed to purchase food items from the canteen and personal items for recreation such as art and hobby items allowed by the jail. You can purchase personal items such as underwear and shoes and you may be able to rent a television from the jail. If you wish to send letters then you can purchase stamps from your account. You can pay a victim of crime levies from this account or you may be required to pay for any prison items that you intentionally destroy or damage.   

Phone Calls 

No prisoner is able to receive telephone calls unless there are exceptional circumstances and permitted by the jail. A prisoner however is able to received pre-booked telephone calls from their lawyer.   

A prisoner is able to make calls to locations outside of the jail through the Arunta telephone system. To make calls, the prisoner will need to open a telephone account and nominate the phone numbers that they wish to call. They will need to nominate the name and address of the person that they wish to maintain contact with.   

The prisoner is able to have up to $300.00 on their telephone account at any one time.  The prisoner is responsible for the cost of each of the calls they make. Prisoners will not be permitted to telephone banned persons, ex-prisoners, or businesses.   

Prison staff are able to make enquiries about the person that the prisoner wishes to speak with. The telephone calls are recorded and monitored.   

Mail 

There is no limit to the number of letters that you send or receive from the jail. You will have to pay for any stamps from your account. Jail staff have the power to open and review all correspondence and packages that are coming into or going out of the jail. The prison has the power to seize any items of correspondence that pose a risk to the security or good management of the jail or would otherwise amount to an offence.   

Visiting a Prisoner in a jail 

A prisoner is entitled to receive visits from people that are not in custody. A prisoner is entitled to one non-contact visit per week from family and friends. A prisoner is also entitled to visits from their lawyer as required. In order to visit a prisoner, a person must make an application to the jail which will need to be approved. A person will be approved if it is appropriate in the circumstances taking into account the safety and security of the prison. Contact visits are approved with visitors once they have passed a security clearance which generally takes about 6 – 8 weeks.   

Visitors will be screened and sometimes searched when they enter the correctional facility. If they refuse to be searched then they will not be able to enter the jail for the visit. If the prison officials reasonably suspect that the person is in possession of drugs or weapons then they can call the police for them to investigate.   

Prison Visitor Application Process 

Before you can visit someone in jail you must complete an application form (Form 27).   

You will need to complete the form, provide identification and declare whether or not you have any criminal convictions. Once you are approved then you will need to take identification with you to the visit. Most facilities require you to provide an electronic fingerprint sample to allow you to gain access to the jail on each visit. The biometrics sample will be checked each time you visit by you placing your finger on an electronic reader to allow you to gain access to the jail. You cannot just turn up at the jail, you will have to make a booking in advance each time you want to visit.   

You must arrive at your visit early otherwise you might be prohibited from entering. You cannot smoke or take any tobacco products into the jail.    

What Can a Visitor Bring Jail? 

You cannot bring anything to the prisoner in a jail. You cannot give them any money or bring them any items such as mobile phones. Smuggling drugs into a centre is a very serious criminal offence and if you are detected then the matter will be referred to the police. You cannot bring any money, documents or any other personal items with you to your visit. You can bring socks and underwear and court clothes if you wish. You will however need permission from the jail before you can bring them.   

You are able to mail other items to the prisoner such as letters, cards, and photos. Remember that all items in the post will be scanned and searched. 

Remember also that you are able to deposit money into the prisoner’s account. You cannot bring cash with you to actually give to the prisoner.   

What Can a Visitor Wear to Prison? 

You should familiarise yourself with what you can and can’t wear BEFORE you leave home to go to the visit. There are very strict rules about what you can wear and if you don’t comply with these rules then you may be refused entry. You cannot wear anything that is in poor condition, revealing or provocative in nature. You must have closed shoes and cannot wear thongs. You cannot wear singlets or any shirts without sleeves. You are able to wear your wedding or engagement ring but you cannot wear any other jewellery during the visit.   

How Long Is the Visit? 

The prisoner will be allowed 2 hours of visiting time for family and friends per week (this does NOT include time with lawyers or official visits). So, the prisoner can have two visits of one hour duration each or one visit of 2 hours.   

Can Children Visit a Prisoner? 

Yes, children can visit a prisoner. However, it must be established that there is a relationship between the child AND it is in the best interests of the child to visit the prisoner. An application form must be completed to allow a child entry into jail and approval must be given first before a child can visit a prisoner.   

Consequences of Breaches of Prison Discipline 

Jail is a highly regulated and controlled environment and breaches of discipline are dealt with seriously. The prison guards and officials have the power to give reasonable directions to prisoners.  If the prisoner refuses to obey that direction, then they will be punished. Officers are able to use force if required to maintain good order within the prison. In extreme circumstances (i.e., an escape), officers have the power to use lethal force if required.   

If an officer suspects that there has been a breach of discipline then they will conduct an investigation. Their conclusions can be reviewed if the prisoner is not satisfied with the outcome. The consequences of a breach can include; removal of privileges, moving to another unit within the jail, removal to another jail, and possibly more criminal charges. The punishment will be dependent on the breach and also the record of the prisoner. The incident may be viewed as a one off and isolated incident or it could be viewed as a pattern of behaviour.   

Breaches of discipline can include; 

• Disobeying a lawful direction from an officer; 
• Possessing or concealing a prohibited item; 
• Fighting; 
• Consuming drugs or alcohol; 
• Gambling; 
• Bad behaviour; 
• Criminal offences (i.e., assault, rape) 

Applying for Parole 

If you are sentenced to a period of imprisonment by a court of three years or less then you will receive court-ordered parole. That is, the court will tell you when you will be released from jail. If, however, you receive a jail sentence of more than 3 years then you will receive a parole eligibility date. That is a date when you are eligible to apply for parole. If you are declared a Serious Violent Offender then you will have to serve at least 80% of your sentence.   

Parole is the release of a prisoner into the community under certain conditions. The jail sentence will still apply but the sentence is served in the community under the supervision of a parole officer and not in jail. The prisoner must apply to the Parole Board to be released on parole.   

If you are released on parole then you will be subject to strict supervision by a parole officer. This will include the checking of your accommodation, regular visits and interviews with the officer, drug and alcohol screening, and the requirement to attend courses and appointments with professionals such as counsellors and psychologists. You will not be allowed to leave the state of Queensland whilst you are subject to parole unless you receive prior written consent from your parole officer.   

Speak to A Criminal Lawyer Today

Whether you’re seeking more information on what to expect or require expert legal representation to mitigate the outcomes, we’re here to help. At Brooke Winter Solicitors, our team of criminal lawyers is dedicated to providing you with the support, guidance, and the legal representation you need. Contact us today.

An inquiry has been announced after months of the Queensland Government facing questions regarding alleged failures regarding DNA testing at the forensics labs run in the state. 

Following the death of Shandee Blackburn this inquiry hopes to bring answers to those who have been affected. 

Queensland Premier, Annastacia Palaszcuk has noted that the confidence in the states DNA testing will only be restored with this rigorous commission of inquiry. This inquiry will look to examine all operations of the states lab which consistently analyses close to 28,000 samples per year. 

In conducting this review Justice Walter Sofronoff will look to examine all aspects of the lab and utilise independent experts in order to find true justice for the state. 

While Justice Sofronoff will distinguish what terms to look toward, the QLD premier has noted that all testing limits will be removed and any sample collected no matter the size will undergo fresh DNA profiling as announced on Monday. 

The QLD Government notes that a contribution of six million dollars will be made leading to the final inquiry being completed in December

The Queensland Police Service note these failures and have identified that the majority of samples that have been returned by the labs previously, on resubmission have returned a usable profile. 

This has prompted the QPS to now look at re-examination of all sexual matters that were deemed to have unusable DNA profiles dating back to 2018. 

However, as noted by Julie Sarkozi (lawyer at WLSQ) the opening up and charging of offenders should only occur with the consent of the survivors.

This inquiry and the new cases that will be opened may finally lead to closure that many families have hoped for and the categorisation of insufficient for further processing, as many samples were referred to previously, will be removed. 

However, as noted by Defence Lawyer Bill Potts, the inquiry is a two – edged sword. This means that the ability of re trial for individuals who were incorrectly convicted may occur and as such may assist those who have been wronged by the system currently in place. 

The idea of double jeopardy may lead to some issues, but the provision itself is one that reflects changes in the legal system and while an argument before the court will be necessary (as noted by Potts) the utilisation of this evidence may assist in finally providing much needed answers to those who seek them. In terms of the inquest into the death of Ms Blackburn, if sufficient evidence is provided it may mean that John Peros, who was originally on trial for the murder of Ms Blackburn may appear before the court once again. 

While the death of Ms Blackburn prompted this inquiry, those who have suffered through failures in matters regarding sexual assault must also be assisted. The compromission of the justice system is one of the paramount considerations and as noted by Queensland opposition leader, the inquiry is a win for every Queensland who deserves a system that can provide a renowned level of service. However, the Queensland Premier has already noted that the cold case of Ms Blackburn will be reopened in order to find the true justice which she has been denied.

Five men have been charged with almost two million dollars’ worth of cannabis at two rural Lockyer Valley properties. The men were aged 27, 27, 46, 36, and 21 and were charged with production of a dangerous drug, possession of a dangerous drug and possession of anything used in the commission of a crime.  

The Ipswich Police allegedly found four greenhouses containing 4,581 cannabis plants along with hydroponic growing chemics and irrigation.  

The five men have been remanded in custody and their matters are due to return to court later this month.  

What is the punishment for possession of weed? Possession and production of cannabis (known as weed) of less than 500 grams (or 100 plants) holds a maximum penalty of 15 years imprisonment, whereas for the possession or production of more than 500 grams or 100 plants, the maximum penalty is 20 years imprisonment.  

Our team specialise in criminal defence. 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. 

Defamation is when a person publishes content that is defamatory to another living person without a lawful reasoning.

In order for an individual to produce a successful claim of defamation they must prove that:

• The material was published, that it can be considered defamatory; and,
• That there is no legal defence for the material to be published originally.

These claims must be brought forward by the applicant within one year of the publication, except in exceptional circumstances where a claim can be brought within three years.

If there is an issue of jurisdiction (where the claim should be properly brought), it will be chosen based on the location where the most harm has occurred.

Defences:

The court can consider any of the follow defences:

1. Defence of justification:

• The defendant will be required to prove that the assertions identified in the matter are substantially true.

2. Defence of contextual truth:

• If the matter contains multiple imputations that are seen as substantially true, along with outstanding material that does not harm the plaintiff’s reputation due to the substantial fact then a defence will be identified.

3. Defence of absolute privilege:

• In circumstances where the material drawn upon is recognised to be created and utilised in publications of a parliamentary body or published by an Australian Court or Court tribunal a defence is likely to be recognised.

4. Defence of publication of public documents:

• If the material was previously contained in a summary of a public document or a public document itself, then a reasonable defence of defamation will be identified. The term public document is wide spreading and can refer to papers published by parliamentary bodies, through to reports issued by tribunals.

5. Defence of publication concerning issue of public interest:

• Upon a court taking into account all circumstances of the case, if the defendant has a reasonable belief that the publication was in the public interest, and it was, a defence will be identifiable.

Call a Defamation Expert 

If you are charged with a defamation offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert criminal lawyers and can represent you in court. Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.