Recent News & Information Archives - Page 13 of 14

Have you heard about the new Queensland cycling laws?

These road rules affect both cyclists and drivers. There has been some confusion about how these laws apply, so here’s a quick summary.

I’m a Driver. How Do These Rules Affect Me?

As a driver, you need to allow more space beside you when you’re passing a cyclist. If the speed limit is 60km per hour or slower, you need to allow a metre or more of space. If the speed limit is over 60km per hour, you need to allow 1.5 metres.

The confusion for drivers arises around this question: What happens if you can’t give a cyclist this much space?

The new Queensland cycling laws allow a driver to safely cross certain road lines, in order to pass a cyclist.

But, if you can’t safely pass them, you need to wait behind them until it is safe to pass. This means that you might need to drive slowly until there is an opportunity to safely pass.

I’m a Cyclist. How Do These Rules Affect Me?

As a cyclist riding on the road, it’s important that you follow road rules. If you don’t follow road rules, you’re subject to the same fines as drivers.

As long as you follow the road rules, and other cycling rules, these new laws won’t affect the way you can ride. However, they may make you feel a little safer on the road.

As we all know, there are many rules and restrictions about carrying guns in Queensland. If you want to own or use a firearm, you need to be licensed. There are different steps, depending on your circumstances and needs.

But, what about knives? We all know that it’s fine to have them in our kitchen. But what about in public? Is it legal to carry a knife then?

The answer, as is often the case, is both yes and no, depending on the situation. You can have a knife with you in a public place if you have a reasonable excuse.

So, what is a reasonable excuse?

In a general sense, a reasonable excuse means that you have a knife with you to carry out a lawful activity. To test whether this is the case in your situation, you could think about how you intend to use the knife that you’re carrying.

You might use your knife as part of your work, and so have it with you for work purposes. For example, you might use a knife to open boxes, or you have a knife with you for work in a restaurant.

Certain hobbies necessitate carrying knives at times, too. For example, if you have your fishing knife with you while you’re fishing, that can be a reasonable excuse, too. Or, you might display a collection of your knives at a show.

However, self-defence is not a reasonable excuse. This means that it’s not legal to carry a knife in public if your intention is to use it to defend yourself.

If you’re unsure about whether it is legal to carry a knife in your particular situation, it’s a good idea to check the facts.

When a relationship comes to an end, it’s often an emotional time. You might find yourself dealing with grief at the end of the relationship, as well as financial stresses and general uncertainty about the future.

If there are children of the relationship, it can add an extra level of complexity. At Brooke Winter Solicitors, we are often consulted about separation or divorce involving children. So, we’ve put together a bit of general information about what happens when you’re separating from a spouse with children.

We hope it provides a useful starting point to help you understand your options. Note that if you’re in this situation, it’s a good idea to obtain specific legal advice.

How Do Children Affect Separation?

When you’re separating from a spouse with children under 18 years, you need to consider parenting arrangements. Although it can be difficult to work with your ex-spouse on this, you do need to reach an agreement before divorce can be granted.

Your parenting arrangement will also affect other decisions relating to your separation, such as property settlements and maintenance payments.

What is a Common Outcome?

The law currently says that it’s in a child’s best interest to see both parents, unless doing so would expose them to violence or child abuse. This means that it’s common for both parents to have time with the child.

Often, younger children end up spending more time with the mother. There are many reasons for this. For example, the mother might be breastfeeding.

Older children (from late primary school onwards) often end up living equally between each parent’s home. They might have a room in each parent’s house, with a subset of their belongings, and transition from place to place on a regular routine.

How Can I Make This Easier On My Kids?

It’s a good idea to limit children’s awareness of court proceedings. In fact, the court often orders parents not to discuss court proceedings with their children.

Sometimes, the court will ask an independent person to speak with the children to hear their views. In many situations, though, where it’s safe, it’s best for children to have access to both parents. It can also be reassuring for children to be able to stay at the same school if they can.

Separation is a difficult time for everyone. If you’re able to limit your child’s exposure to any disputes with your ex-spouse, this can help reduce their stress.

Contact our family lawyers today for advice.

When you think about things that are illegal, you might think about theft or murder. Most people are aware of what kinds of offences might fall under these categories.

But, many people who find themselves charged with an offence didn’t realise that they were committing one. Lesser-known laws can trip people up. It pays to be aware of these kinds of laws, as you can’t plead ignorance if you are charged.

One commonly misunderstood offence in Queensland is public nuisance. Here are some quick facts about public nuisance offences.

Public nuisance charges generally follow a situation in which someone has behaved in a disorderly, threatening, offensive or violent way in a public place. Or, they might be interfering with the enjoyment another person can have in the public place.

In other words, a public nuisance offence springs from the impact of someone’s behaviour on the people around them. Often, charges follow situations in which someone is fighting, arguing or shouting in public.

As you can imagine, alcohol is a factor in some public nuisance situations. Penalties for public nuisance offences are greater when a person commits an offence outside licensed premises.

When someone is charged with public nuisance, they might be fined. In some situations, though, police might issue a notice to appear in court. The maximum penalty is a $1100 fine or six months imprisonment. But, the maximum fine is higher outside licensed premises, at $2750.

Of course, it’s best to avoid situations that could lead to this kind of charge. Most public nuisance offences happen in the heat of the moment. A few minutes of things being out of hand can have a lasting impact.

To avoid trouble, it’s a good idea to stay peaceful and calm when you’re in public. This can seem easier said than done, particularly in challenging situations. But, if you find yourself confronted or angry, it’s often best to just walk away. It’s particularly a good idea to be polite and courteous when you’re around police officers and security guards, or outside a licensed venue.

If you find yourself feeling wound-up in public, it’s a good idea to remove yourself from the situation. In doing so, you just might be dodging a hefty fine.

What Happens for a Respondent?

If you have been told you’re a respondent for a domestic violence order application, you might have some questions about what this means. It can be a confusing time, but it can help to have a clear picture of what’s likely to happen next.

At Brooke Winter Solicitors, we often talk with people in this situation. Here are some common questions we hear, and some general answers we might give. If you’re in this situation, it’s a good idea to get specific advice, but this might give you some things to think about.

What Does This Application Mean?

A QLD Domestic Violence Order is issued by a court. So, before someone can ask the court to make an order, they need to make an application.

What Happens In Court?

What If I Don’t Want To Follow The Order?

You need to obey the Domestic Violence Order. If you don’t, you could be charged with a criminal offence.

If you disagree with the order, you do have options within the legal system. You can appeal the decision.

You can also apply to have the order modified at a later stage. For example, if circumstances change, you and the aggrieved (the applicant for the order) might make the application together.

How Does The New Domestic Violence Court Affect Me?

The new Gold Coast domestic violence court – along with other recent changes to the local system – is designed to provide extra support for people involved in domestic violence hearings. You might be connected with extra support, such as a healthy relationships program.

What Next?

Although it can be a confusing time, be sure to follow the directions you receive from police or the court. By keeping your actions in line with your legal responsibilities, you can focus on your options.

There have been many high profile discussions this year about domestic violence, specifically on the Gold Coast. This is a national problem and there have been a number of high-profile cases that have prompted some changes to the system.

At Brooke Winter Solicitors we were pleased earlier this year to hear about the commencement of the pilot Domestic Violence Court on the Gold Coast.

Our principal, Brooke Winter, recently attended ‘Understanding the New Domestic and Family Violence Specialist Court’ course chaired by Magistrate Strofield, to learn more.

Here are a few key changes affecting domestic violence matters:

Reduced Waiting Times

One of the most challenging parts of domestic violence matters can be the waiting times. When you’re dealing with a life-changing situation, delays can be stressful.

There is now a second magistrate sitting in the Southport domestic violence court. So, waiting times for Domestic Violence Order applications are slashed.

More Support

In the new system, both victims and respondents will have better access to support.

A key focus of this support is to prevent future instances of domestic violence. For example, the court supports the Men’s Behaviour Change program run through Centacare. This program helps respondents reduce violent behaviours and learn healthier relationship skills.

We welcome these changes. They’re a step towards a more supportive, responsive Gold Coast community.

If you need help with a domestic violence law issue, you can contact Brooke Winter Solicitors for a free phone consultation on 1300 066 669.

Current as at 6th November 2015

With the new focus on domestic violence and the updated legislation, many people are questioning how these changes affect family law applications and orders. The Commonwealth Federal Circuit Court and Family Court are attempting to streamline their process to work in with the State courts in relation to domestic violence.

In the past, the Federal Circuit Court would often be frustrated by the minimal information they were provided with about domestic violence in the family. At the beginning of 2015, the Commonwealth Courts brought in a requirement that every person making an initiating application must complete a Notice of Risk which outlines specific allegations of child abuse and domestic violence. Since the commencement of this requirement, the courts have seen more cases of domestic and family violence brought to light in proceedings.

A pilot program in Brisbane Magistrates Court has instigated a referral system where if a person applies for a domestic violence order and there is a child involved, the Magistrates Court refers the person to the Federal Circuit Court. The Federal Circuit Court is notified that the person has been identified as a person who needs assistance with parenting orders which allows the court to carefully consider whether an urgent application needs to be made.

Additionally, when the Magistrates Court is considering a domestic violence application, they have the ability to amend current Federal Circuit Court orders. The law states that if a domestic violence order and Federal Circuit Court order are inconsistent then the parenting order prevails. This causes difficulty if a parenting order allows for contact but the Magistrates Court believes it is unsafe for the child. That court is able to amend the parenting order in order to protect the child from violence. However this order only stands for 21 days or until the next court date, whichever is earlier, so it is a necessity that the aggrieved party make an urgent application to the Federal Circuit Court to keep those amendments in place.

In order to streamline the communications between the Family Court and domestic violence courts, Australia is looking at model law framework for domestic violence which is constant across the country. At the moment, it is necessary to register an interstate order in a different state however if the changes are successful, a domestic violence order made in one state will be valid Australia wide. The State and the Commonwealth courts can now communicate in order to obtain orders and records from each jurisdiction to assist with the other.

These changes will hopefully assist in the protection of those subjected to family or domestic violence and ensure that every family unit is protected Australia wide.

If you need assistance with domestic violence or family law, contact Brooke Winter Solicitors and Advisers on 1300 066 669.

Uber is now Legal in Queensland, click here to read the new article.

Have you used an Uber service?

Attracted by its convenience (or the chance to earn a little extra cash), many Australians have started using Uber.

With its popularity, questions have arisen regarding Uber’s legal status. So, is Uber legal in Queensland?

What Are the Main Legal Issues in Queensland?

Uber operates through its American company, over the Internet. So, it’s not illegal – but it is unlicensed and unregulated.

There are a lot of factors that could affect Uber’s operations in Queensland; it’s unlikely to stay in a grey area for long.

For example, the Queensland Government is looking into legislation to regulate Uber’s operations.

In the meantime, if you’re a driver or a user, there are some issues to note.

Could I Get in Trouble for Uber Driving?

There is an ongoing question about whether Uber should be classified as a ‘passenger service’ or a ‘taxi service’. This might seem insignificant, but it makes a difference to drivers’ responsibilities.

With Uber in this grey area, if you’re a driver, you might be fined for Driving without an Authority.

If you did get prosecuted for this, you could be penalised up to $18848, and your licence could be disqualified too. There also could be insurance issues if you have an accident with a passenger in your car.

It might be worth weighing this risk against the income potential of your Uber driving – at least for the moment.

Why Are There These Consequences?

It might seem like a tough penalty, but driver authorisation is about safety.

The reason why this penalty exists is to make sure that a driver is a safe, capable, responsible person. When you ride in a transport service, you want to know that you’re in safe hands.

It’s difficult to tell if an Uber driver has these attributes. Uber’s driver requirements don’t cover all these areas.

What if I Ride Uber?

As an Uber rider, you’re not likely to get fined. But, you might be risking your safety.

Uber specifies that its drivers must be at least 21 years old with a full driver’s licence. They need to pass a criminal history and driving history check. Their car needs to be a registered four-door vehicle that is a 2006 model or newer with CTP and third party property insurance.

These requirements alone don’t guarantee you a safe, capable and responsible driver.

There’s no denying that Uber is a convenient service; it’s up to you to decide whether it’s worth the risk.

If you need help with a traffic law issue, you can contact Brooke Winter Solicitors for a free phone consultation on 1300 066 669.

Queensland’s Child Protection Offender Reporting scheme was established with the Child Protection (Offender Reporting) Act 2004 (“the Act”). This child offender reporting scheme provides a nationwide requirement on child sex offenders, and other defined offenders against children, to keep police informed of their whereabouts and other details once they are released into the community for a certain period of time.

These conditions are not intended to form part of the punishment for the offence but are aimed at protecting the community by reducing the possibility that the person will reoffend and also to assist police in locating offenders if they re-offend.

The Act details all the offences for which the offender must report. Sexual offences against a child such as incest, indecent treatment of a child, rape, procuring sexual acts and carnal knowledge with or of a child are listed as named offences. If the court finds a person guilty of an offence that is not named, they may still make an order that the person comply with the reporting conditions.

There are some circumstances where the offender is not required to report after being found guilty of one of the named offences. For example, if the offender was not sentenced to a term of imprisonment or a requirement that the person be under a supervision (such as probation).

The Act specifies the time when an offender must report after being released and varies between 28 days and 90 days depending on the offence type and the order of the court. Some of the details which must be reported are the offender’s personal information, address, employment, motor vehicle details and whether they have contact with any children. Additionally, DNA samples must be provided if requested by the police and also the offender must provide details of online accounts such as Facebook, Pinterest and Instagram.

Offenders must report three times a year and are required to immediately update their details if they change. An amendment in June 2014 to the legislation allows offenders to report via technology and online which has made the process much more efficient and less onerous on the reporter.

If a reportable offender fails to comply with their obligations without reasonable excuse, they may be subject to a maximum penalty of 500 penalty units or 5 years imprisonment. If a person gives misleading information, they are liable for a maximum penalty of 300 penalty units or 5 years imprisonment.

The court can take these offences very seriously. In the matter of Wosomo v Place [2010] QDC 529, the offender failed to report within 28 days of being released from custody. He was originally sentenced to a term of wholly suspended imprisonment but on appeal received a fine. Brooke Winter Solicitors and Advisers have appeared for clients charged with offences against the Act and on each occasion have obtained the result of a minimal fine for the client.

If you are charged with an offence against the Child Protection (Offender Reporting) Act or need advice on your reporting requirements, contact Brooke Winter Solicitors and Advisers on 1300 066 669.

This information is provided as general information only and is not intended as specific advice. You should seek legal advice before acting on this information.

Current as at 4th August 2015

During the month of October, the Queensland Police Service will be targeting traffic offences relating to failure to wear seat belt, child restraint and helmet offences.

The Transport Operations (Road Use Management – Road Rules) Regulation 2009 governs these offences and requires that the driver of the vehicle ensure that their passengers are correcting restrained, with specific requirements in relation to child restraints. With the number of road related fatalities at an all-time high this year, the police are being particularly vigilant in relation to seat belt related offences.

As a driver failing to wear a seat belt, you’ll be hit with a $300 fine and a accumulation of 3 demerit points. The same penalty applies for a passenger failing to wear a seat belt or the fine and demerit point will be allocated to the driver if the passenger is under 16 years of age. If you are receive two tickets for the same offence, your demerit point allocation will be doubled.

However there are exceptions at law, for example, a person is exempt from wearing a seat belt if they are carrying a doctor’s certificate stating they are unable to wear a seat belt due to a medical condition or if the person is providing or receiving medical treatment of an urgent nature.

With the increased police presence on the Gold Coast, many may be finding themselves in hot water in relation to demerit point offences. Should you require any legal advice for exceptions to traffic offences or how to keep your licence after a demerit point loss, contact us.