Brooke Winter Solicitors
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Articles
Cleo Smith’s Kidnapper Pleads Guilty
Terence Darryl Kelly was charged with abducting four year old Cleo Smith in November 2021, after she disappeared from her families tent during the middle of the night in October 2021. Cleo was held for 18 days in Terence’s house in Carnarvon, Western Australia following her disappearance. She was located in a locked room within […]
Articles
NSW Man Charged with Murder After Death of a 9-year Old Girl
Justin Stein has been arrested and charged with the murder of his partner’s daughter. Nine-year-old Charlise Mutton, Queensland Resident, was on a holiday in New South Wales with her mother when she disappeared. Charlise was reported missing in the Blue Mountains last week Friday 14 January 2022. Her disappearance sparked a massive search by police […]
Articles
Statute of Limitations Explained
Bali bomber- Aris Sumarsono or better known as Zulkarnaen- eluded arrest for 18 years. He was captured in 2020 and has finally been sentenced to 15 years in an Indonesian prison. Zulkarnaen was found guilty of terrorism crimes, including hiding information about the 2002 Bali Bombings and harbouring suspects. The Bali Bombings in October 2002, […]
Articles
Djokovic Deported After Losing Visa Appeal
World Number one tennis player, Novak Djokovic has been deported following the ten day appeal process about whether he was able to remain in Australia for the Australian Open. Originally Djokovic was given a medical exemption to allow him to enter Australia to participate in the Australian Open despite that he was not vaccinated against […]
Articles
Covid Updates: What You Need To Know Going Into Christmas
Drink driving reforms came into effect on 10 September 2021. The reforms incorporate an overhaul and expansion of the existing Alcohol Ignition Interlock Program, and the introduction of education programs. There are considerable new consequences if you choose not to participate in both programs. Expansion of the existing Alcohol Ignition Interlock Program: If you have […]
Articles
Are you aware of the recent changes in Queensland’s drink driving laws?
Drink driving reforms came into effect on 10 September 2021. The reforms incorporate an overhaul and expansion of the existing Alcohol Ignition Interlock Program, and the introduction of education programs. There are considerable new consequences if you choose not to participate in both programs. Expansion of the existing Alcohol Ignition Interlock Program: If you have […]
Articles
QLD border opens – What you need to know
At 1:00am on Monday morning, the Queensland border opened to the rest of Australia following the vaccination rates reaching 80% double vaccinated. There is some important information you need to know about the border reopening. You can travel from a hotspot and you will not be required to quarantine for 14 days regardless of whether […]
Articles
Victorian man avoids jail after shooting his father
Castlemaine tradie, Glenn Stratton, was charged with murder in May 2021 after pulling the trigger to end his father’s life. This was not an act of hate however, rather an act of “love and respect” as put by Supreme Court Justice Hollingworth. Stratton’s father, Colin Stratton was suffering from chronic cancer. He had attended numerous […]
Articles
Should parents be held accountable for the actions of their children?
Parents of Ethan Crumbley, the teen arrested for the murder of four schoolmates and the wounding of seven other people, have been charged with manslaughter. This is the first time that parents of school shootings have been held accountable for the actions of their children. It has been reported that Ethan’s parents, purchased a semiautomatic […]
Recent Court Results
Domestic Violence matter: Our client was the Respondent in an application for a Protection Order. There was a Temporary Protection Order with 4 conditions, including no approach and no contact of the Aggrieved. Court Attended: Southport Magistrates Court Attendance Date: 2 November 2021 Court Result: Our client made an undertaking to be of good behaviour […]
Recent Court Results
Contravention of domestic violence order
Charges: Contravention of domestic violence order (aggravated offence), Commit public Nuisance, Obstruct Police officer x2, Serious Assault – assault /resist/obstruct police officer/person acting in aid of police officer, Willful damage of police property. Court Attended: Beenleigh Magistrates Court Attendance Date: November 2021 Overview of Case: Our client was charged with six offences before the Court […]
Recent Court Results
Drug charges, failure to appear and fraud
Charges: Driving without a licence disqualified by court order; Stealing; Receiving Tainted Property; Fraud dishonestly make off without paying; Contravention of Domestic Violence Order; 4 x Possessing dangerous drugs; Failure to appear in accordance with undertaking; Contravention of a community service order; Enter dwelling and commit indictable offence; Unlawful use of motor vehicles aircraft or […]
Recent Court Results
Did drive over the general alcohol limit (0.088%)
Charges: Did drive over the general alcohol limit but not over the middle alcohol limit (0.088%) Court Attended: Beenleigh Magistrates Court Attendance Date: 26 October 2021 Case Details: Our client had 2 entries on her traffic history over the 2 previous years. She worked from home and so was not suitable for a work licence […]
Recent Court Results
Penetrative sexual abuse of a child or young person
Charges: Indecent act with or directed at a child or young person contrary to s125 of the Criminal Code 1924, Penetrative sexual abuse of a child or young person contrary to s124 of the Criminal Code 1924, Penetrative sexual abuse of a child or young person contrary to s124 of the Criminal Code 1924. Court […]
Recent Court Results
Charges: 2 counts of Common Assault. Court Attended Hobart Magistrates Court Attendance Date 7 October 2021 Case Overview Our client was charged with 2 counts of Common Assault. Our client reported his offending was a result of him retaliating to damage done to his property by known numerous parties. Our client suffers a health condition […]
Recent Court Results
Did drive over the general alcohol limit but not over the middle alcohol limit
Charges: Did drive over the general alcohol limit but not over the middle alcohol limit Court Attended: Beenleigh Magistrates Court Attendance Date: October 2021 Overview of Case: Our client was charged with one offence before the Court. We spoke to our client to take their version of events and to obtain detailed instructions. Our client […]
Recent Court Results
Charges: Supply Dangerous Drugs, Unlawfully Possess Relevant Substance, Possess Dangerous Drugs, Possess Utensils or Pipes. Court Attended: Beenleigh Magistrates Court Attendance Date: September 2021 Overview of Case: Our client was charged with four drug related offences. We spoke to our client to take their version of events and to obtain detailed instructions. Our client advised […]
Recent Court Results
Charges: Wounding Court Attended: Beenleigh District Court Attendance Date: 20 September 2021 Case Details: Our client plead not guilty to his police charge. This charge was committed up to the District Court and listed for trial. Our firm briefed a barrister and prepared diligently for trial. We cross examined the Crown’s witnesses and disputed their […]
Recent Court Results
Contravention of domestic violence order x2
Charges: Contravention of domestic violence order x2 Court Attended: Southport Magistrates Court Attendance Date: September 2021 Overview of Case: Our client was charged with one offence before the Court. We spoke to our client to take their version of events and to obtain detailed instructions. Our client advised that they would be pleading not guilty […]
Recent Court Results
Wilful Damage and Assaults Occasioning Bodily Harm
Charges: Obstruct Police Officer; Wilful Damage; Assaults Occasioning Bodily Harm. Court Attended: Cairns Magistrates Court Attendance Date: September 2021 Overview of Case: Our client was charged with punching an associate after a domestic violence altercation broke out in their home and caused them physical harm. The client was alleged to have put holes in walls […]
Recent Court Results
Trafficking in Dangerous Drugs
Charges: Trafficking in Dangerous Drugs; Possessing Dangerous Drugs x 2; Possessing anything used in the commission of a crime. Court Attended: Brisbane Supreme Court Attendance Date: 10 September 2021 Case Details: Our client was a young person who had no Queensland history, however had spent over 2 years in custody in New Zealand previously. He […]
Recent Court Results
Obstruct Police Officer and Commit Public Nuisance
Charges: Obstruct Police Officer, Commit Public Nuisance. Court Attended: Southport Magistrates Court Attendance Date: September 2021 Overview of Case: Our client was charged following an incident on a night out drinking which involved them getting into an argument which almost turned into a fight. When police got involved, our client was verbally abusive to the […]
Recent Court Results
Using a Carriage Service to Menace, Harass or Cause Offence
Charges: Using a Carriage Service to Menace, Harass or Cause Offence. Court Attended: Beenleigh Magistrates Court Attendance Date: September 2021 Overview of Case: Our client was charged after sending excessive messages and phone calls to their ex-partner over a few months. There had been 283 phone calls or messages sent to their ex-partner over a […]
Recent Court Results
Drive Without Reasonable Consideration for Other Persons Using Road or Place
Charges: Drive Without Due Care and Attention or Drive Without Reasonable Consideration for Other Persons Using Road or Place; Fail to Comply with COVID-19 Public Health Direction. Court Attended: Southport Magistrates Court Attendance Date: August 2021 Overview of Case: Our client was charged with one offence before the Court. We spoke to our client to […]
Recent Court Results
Contravention of Domestic Violence Order x 2
Charges: Contravention of Domestic Violence Order x 2; Obstruct Police Officer x 3; Assault Police Officer x 1; Willful Damage; Commit Public Nuisance. Court Attended: Brisbane Magistrates Court Attendance Date: 26 August 2021 Case Details: Our client had an extensive Criminal History of similar offences, and was likely looking at serving time in a correctional […]
Recent Court Results
Contravention of domestic violence order
Charges: Contravention of domestic violence order Court Attended: Beenleigh Magistrates Court Attendance Date: August 2021 Overview of Case: Our client was charged with one offence before the Court. We spoke to our client to take their version of events and to obtain detailed instructions. Our client advised that they would be pleading guilty to the […]
Recent Court Results
Contravention of Domestic Violence Order
Charges: Contravention of Domestic Violence Order; Using a carriage service to menace, harass or cause offence. Court Attended: Southport Magistrates Court Attendance Date: 13 August 2021 Case Details: Our client had Domestic Violence Order against him made in February 2021. It had multiple conditions including a no contact condition. Across the following months he had […]
Recent Court Results
Charges: Rape. Court Attended: Southport Children’s Court of Queensland Attendance Date: August 2021 Overview of Case: Our client was charged with raping a friend while their friend was visiting their home. The parties were both under 18 years of age. The maximum penalty for this offence is life imprisonment. Our client maintained that they wished […]
Recent Court Results
Drive under the influence of intoxicating liquor
Charges: Drive under the influence of intoxicating liquor; Drive a motor vehicle while exceeding prescribed alcohol (0.190%); Fail to comply with the duties of a driver involved in a crash (civilian parties); Person mentioned in section 6(3); Driver involved in crash and failing to stop. Court Attended: Hobart Magistrates Court Attendance Date: 19 July 2021 […]
Recent Court Results
Drive Without Due Care and Attention
Charges: Drive Without Due Care and Attention. Court Attended: Beenleigh Magistrates Court Attendance Date: July 2021 Overview of Case: Our client was charged with the offence of Drive Without Due Care and Attention under section 83(1) of the Transport Operation (Road Use Management) Act. The maximum penalty for this offence upon conviction is a penalty not […]
Video
Video: Is it legal to sleep in your car after drinking?
Being in charge of a motor vehicle while intoxicated is an offence, so it’s important to be cautious. Did you know that it is an offence to be in charge of a motor vehicle while intoxicated? This means that, if you’re inside your car after a few drinks, you might be breaking the law even […]
Video
Video: What happens if you are caught drink driving in QLD?
Drink driving is a common offence, but it can have serious consequences. If you are given a breath test and you are over the legal limit, you will be charged. You’ll also have to appear in front of a magistrate. Loss of licence is one consequence of drink driving, but in some cases, you might […]
Video
Video: What is family dispute resolution?
Before going to Court for a family law matter, you first need to attempt mediation. One way to do so is through family dispute resolution. This involves a qualified mediator working with you and your former spouse. The aim is to reach an agreement on areas of conflict. But, if a resolution is not achieved, […]
Video
Video: What happens in a police interview?
If you’re involved in a criminal investigation, you might be asked to participate in a recorded interview. There is a risk involved in participating in one of these police interviews before you have spoken to a lawyer. Anything that you do or say in a police interview will be recorded and could be used against […]
Video
Video: What happens after being charged by the police?
You may be wondering what happens after being charged by the police. If you’ve been charged by the police and you need to go to court, there are a few options available to you. You can plead guilty to the offence, plead not guilty to the offence, or make submissions or representations to the police. […]
Video
Video: What to do if you have a car accident
Brooke Winter talks about what you should do if you have been in a vehicle accident, including your obligations for exchanging details with the other drivers involved. If the police become involved, you should seek legal advice from an expert traffic lawyer. At Brooke Winter Solicitors, our team of expert solicitors are highly experienced in […]
Video
Video: How to make a bail application
When you apply for bail, you are making a commitment to appear for the court dates listed on your bail application. It’s important to take care when applying for bail, as you will usually have only one opportunity to make an application. In other words, if you apply for bail and your application is declined, […]
Recent News & Information
Eight years of solitary confinement found to be unlawful for convicted Murderer
On 22 October 2021 Justice Glenn Martin in the Brisbane Supreme Court found that the Maximum Security Order (MSO) imposed against Michael Stephen Owen-D’arcy was not compatible with human rights. Owen-D’arcy was convicted and sentenced to life imprisonment in 2010 over the stabbing, mutilation and murder of David John Easton which occurred in July 2007. […]
Recent News & Information
Bail is simply the Court’s permission to allow you to remain in the community (rather than in custody) whilst your matter is being finalised. The general position in Queensland is that everyone charged with a criminal offence should be granted bail unless they are considered an unacceptable risk. If you were charged by way of […]
Recent News & Information
New artificial intelligence technology being introduced to traffic cameras
As of 1 November 2021, the software on Queensland traffic cameras will be updated to allow new artificial intelligence (AI) to be watching Queensland drivers. The software will be determining if people are wearing their seatbelts and checking if drivers are using their mobile phones. The new camera upgrade comes with a tough new regime […]
Recent News & Information
Many Queenslanders are aware that by not following Public Health Directions you can be charged with a crime. But many are not aware of the current mask requirements in Queensland. With the changing requirements and easing of restrictions it can be confusing to be aware of what your obligations are. Under the Public Health Direction, […]
Recent News & Information
Domestic violence is a vastly under reported crime. Of the women who have experienced violence from a current partner, 39% have never sought advice or support and 80% have never contacted the Police. But on average, one woman a week is murdered by her current or former partner. This must stop. The definition of domestic […]
Recent News & Information
New payment scheme for women fleeing domestic violence
The federal government has announced an ‘escaping violence payment scheme’, giving women fleeing domestic violence a one-time payment of $5,000.00. The payment is available nationwide from 21 October 2021 and is intended to help women who face financial barriers that prevent them from leaving violent relationships. To qualify for the payment women must have some […]
Recent News & Information
Woman charged for issuing fake COVID exemptions
45 year old Maria Power was arrested and charged with five counts of impersonating a medical practitioner. Power is the first person in Queensland to be charged with this offence in relation to providing false COVID exemptions. The exemptions allow persons to avoid undergo COVID testing, receiving the vaccine or wearing a mask in public. […]
Recent News & Information
QLD alcohol ignition interlocks
Summary As of 10 September 2021, those who are convicted of driving with a blood/breath concentration of 0.10 or more are subject to the Alcohol Ignition Interlock program. The program is performance-based with a minimum participation of 12 months. The first 8 months is considered a learning period, followed by a 4 month performance period. […]
Recent News & Information
National road safety week 2021
Are you facing a traffic law matter? Our team specialises in drink driving charges, Special Hardship Order Applications, Restricted Work Licence Applications, log book offences and more. WE WILL COME TO YOU. We regularly appear in Magistrate Courts all over Queensland, New South Wales and Tasmania for traffic law matters. If you have been […]
Recent News & Information
Queensland to debate voluntary assisted dying laws
Next week the Queensland Government will be introducing a voluntary assisted dying bill into the state parliament. This bill could see a historic change in the current legislation if it is passed in the vote in September of this year. Currently in Queensland it is illegal to assist in euthanasia and those who do could […]
Recent News & Information
Attempted Murder and Arson charges following Wooloowin house fire
A house fire in Wooloowin, in Brisbane’s inner north, over the weekend has resulted in Curtis Mickan being charged with two counts of attempted murder, arson and breaching a police notice. The house is alleged to have been set alight in the early hours of the morning on Sunday. At the time of the fire […]
Recent News & Information
‘KNEW SOMETHING WRONG HAD HAPPENED’ SAID THE EX PARTNER OF JACK SADLER AFTER ALLEGED MURDER Jack Sadler has been accused of murdering and dismembering his friend Jake Anderson-Brettner in August 2018. Gemma Clark who is Sadler’s former partner, and partner at the time of the alleged murder, has given evidence at Sadler’s murder trial in […]
Recent News & Information
Australian Olympians get the jab in the lead up to the Tokyo Olympics
In preparation for the Tokyo Olympics, the Australian Olympic and Paralympic teams have begun getting the first dose of their COVID-19 vaccinations. More than 2,000 athletes and officials are set to receive the vaccine in the lead up to the games. The first doses of the vaccine have begun rolling out this week to allow […]
Recent News & Information
Appeal process in criminal matters
What is an Appeal? To appeal a decision of the court, is to apply to a higher court for a reversal of the decision of a lower court. Magistrates Court: If you plead guilty to an offence in the Magistrates Court, and you deem the sentence imposed to be too harsh, you can appeal the […]
Recent News & Information
2020 Tokyo Olympic games to commence July 2021
The 2020 Tokyo Olympic and Paralympic Games are to commence on 23 July 2021 with athletes focused on “controlling the controllables”. The games are going forward despite the occupational health and safety issues arising with the COVID-19 outbreaks. Australians are unable to leave the country without a special exemption from the Australian Border Force. This […]
Recent News & Information
Domestic violence in Queensland
In the past two weeks the Gold Coast has seen two deaths allegedly linked to Domestic Violence. These two tragedies occurred with the victims being alleged to being murdered by their partners or former partners. The family of one of the victims, Kelly Wilkinson, has come forward to say that she had been in contact […]
Recent News & Information
Sentencing principles in Queensland
If you plead guilty, or are found guilty after a trial, sentencing is the next step in the court process. Sentencing is the practice of determining and applying the appropriate penalty for a person who has committed an offence. In imposing a sentence, the court must take into account a range of factors, including: The […]
Recent News & Information
We welcome Stephanie Smith to the Brooke Winter Solicitor’s team. Stephanie is joining the team as a law clerk following the completion of her placement with us as part of her Practical Legal Training. Stephanie has completed her Bachelor of Laws at Griffith University on the Gold Coast. She has recently completed her Graduate Diploma […]
Recent News & Information
Suspected Murder-Suicide on Gold Coast
Police are currently investigating a suspected murder-suicide on the Gold Coast following the discovery of two bodies in an apartment in Labrador on Friday. 48-year-old Lourdi Ramadan and her partner Craig Bouma were discovered following a welfare check on Friday morning after Ms Ramadan’s family were unable to get in contact with either of the […]
Recent News & Information
How can someone be convicted for two murder charges and manslaughter for the same killing?
Derek Chauvin has been found guilty of two counts of murder and one count of manslaughter. How can someone be convicted for two murder charges and manslaughter for the same killing? Mr Chauvin kneeled on George Floyds neck for 9 minutes. The three charges brought against Mr Chauvin for these offences, relied on different elements […]
Recent News & Information
Police officer convicted of murdering George Floyd
In May 2020 the 45 year old Minneapolis police officer, Derek Chauvin, knelt on George Floyds neck for more than nine minutes while placing him under arrest for allegedly using a counterfeit twenty-dollar bill. The murder of Floyd sparked world-wide protests against racial injustice and police brutality. The trial has been one of the closest […]
Recent News & Information
Homicide investigation following discovery of woman’s body in Gold Coast backyard
A homicide investigation has begun following the discovery of a deceased woman’s body in an Arundel backyard Tuesday morning. The woman’s body was discovered burnt in the backyard whilst attending the property for a welfare check following a neighbour calling police to report a disturbance at approximately 6:40am Tuesday. The residence is now a crime […]
Recent News & Information
2 Prison officers hospitalised: Inmates attack
Three Brisbane prison officers were injured by two inmates on Monday evening, two have since been hospitalised with one officer suffering a head injury. A Queensland Corrective Services spokesman stated that the head injury resulted from being stuck by a cell door that an inmate who kicked open. The other two men were injured whilst […]
Recent News & Information
Queensland couple Murder-suicide crash
QUEENSLAND COUPLE MURDER-SUICIDE CRASHPolice are currently investigating a fatal crash on the Sunshine Coast on Easter Sunday in an attempt to determine whether it was a deliberate act by the male driver. Robert, 69, and Elizabeth Makara, 68, died in a one vehicle crash on David Low Way at Pacific Paradise near Maroochydore. Queensland Police […]
Recent News & Information
Two additional point-to-point speed cameras to be installed yearly in Queensland
Queenslanders are expected to see additional speed cameras in the coming years with more point-to-point cameras being installed. Queensland Transport and Main Roads have indicated that they have approval for two additional point-to-point camera sites each financial year and will focus on high crash sites. Point-to-point cameras measure speed using a time over distance calculation […]
Recent News & Information
New youth justice laws introduced in Northern territory
A number of proposed amendments to the Northern Territory Youth Justice Act have been met with mixed reviews. The proposals by the government of the Northern Territory contradict the recommendations of the Royal Commission into the detention of children in the Northern Territory, offering $5 million towards building another detention centre, breath testing children, tougher […]
Recent News & Information
NSW allows pets to be protected in AVO’s
Attorney-General Mark Speakman has announced that the protection of pets will now be automatically included in a standard Apprehended Domestic Violence Order in New South Wales following the passing of reforms in November last year. For many victims of domestic and family violence their family pet is used as a method to coerce and control […]
Recent News & Information
Sexual consent app foolproof or flawed?
NSW Police Commissioner Mick Fuller made the suggestion of a sexual consent app which has been met with significant controversy. The app’s intention was to record when sexual consent was given in order to reduce any inconsistency in sexual partners perspectives of a sexual encounter. The Commissioner expressed this idea after it was revealed that […]
Recent News & Information
Police phone taps helped convict Jarryd Hayne
Former NRL superstar Jarryd Hayne was found guilty of sexual assault on Monday after a seven-day trial in Sydney’s Downing Centre District Court. The Crown Prosecution played a series of phone calls to the Court from Hayne’s phone in which he discussed the claims made against him by the woman with teammate Mitchell Pearce. Judge […]
Recent News & Information
Probe into parliament rape allegations suspended
The political probe to investigate the bombshell claims of Brittany Higgins’ rape is to be suspended, says the AFP commissioner. Just weeks after Scott Morrison ordered an inquiry into investigating the parties who had knowledge about the rape, the Department of the Prime Minister and secretary of the Cabinet Phil Gaetjens secretly paused the probe […]
Recent News & Information
To record a conviction or not to record a conviction?
Section 12 of the Penalties and Sentences Act 1992 (Qld) gives the Court the discretion to determine whether a conviction should be recorded on an individual’s criminal record if they are found guilty of an offence. The Magistrate will take into consideration various factors when deciding about recording a conviction including: The severity of the […]
Recent News & Information
Gold Coast mother accused of murdering two adult children for money
Gold Coast mother Maree Mavis Crabtree is alleged to have murdered her two children to make an insurance claim. Ms Crabtree is facing 11 charges including murder, torture, attempted murder, fraud, attempted fraud, and robbery in company and another eight counts of obtaining financial benefit by deception. Tuesday was the first day of the committal […]
Recent News & Information
Nurse’s registration cancelled over child abuse material
Victorian surgical nurse Edgard Ramirez, 33, has had his nursing registration cancelled after he was found to have child abuse material on his personal devices at Melbourne Airport. Ramirez posed as a 12-year-old girl named “Angel” in online chat rooms and social media to engage in sexual conversations and send child pornography images to other […]
Recent News & Information
Advancement of forensic technology
Advancement of forensic technology leads to a Gold Coast Man PLEADING GUILTY to 1983 Murder A Queensland man, Troy O’Meara, has pleaded guilty to a murder, nearly four decades after Linda Reed’s partially clothed body was found in a creek bed. He was only 17 at the time of the heinous attack. Linda and Robert […]
Recent News & Information
Concerns over the future of Cairns tourism
The Cairns region has lost half of its market from the pandemic and the related border closures, with around 250 local businesses having to close their doors. There are between 700 and 800 businesses still relying on the JobKeeper payments to operate. With the JobKeeper subsidy due to cease at the end of March, there […]
Recent News & Information
Victorian government announces workplace sexual harassment taskforce
This morning the Victorian Acting Premier, James Merlino, has announced that a ministerial taskforce for sexual harassment in the workplace will be established in Victoria. Workplace Safety Minister Ingrid Stitt and the Minister for Women Gabrielle Williams addressed the media with the Acting Premier for the announcement. The announcement was made on International Women’s Day […]
Recent News & Information
Treasurer rejects rape inquiry into Attorney-General
Treasurer Josh Frydenberg has rejected calls for an Independent into Australia’s Attorney General, Mr Christian Porter, after he revealed himself as being the Cabinet minister accused of the historical rape allegations. Pressure is building with the public calling for an independent inquiry into the rape allegations against Australia’s top law officer. New South Wales Police […]
Recent News & Information
Six Dr. Seuss books no longer being published due to racist illustrations
For many people Dr Seuss books were a part of their childhood growing up and hearing the stories he wrote. Yesterday the business that protects and preserves the legacy of the famous author, have announced that six of the books you may have read as a child will no longer be getting published. The illustrations […]
Recent News & Information
Third woman comes forward with parliament sexual assault allegation
Following the allegations last week from two women who came forward alleging that they were sexually assaulted by a former federal government advisor, a third woman has today come forward. The first to come forward was Brittany Higgins, who last week alleged that she was raped by the staff member in March 2019 in the […]
Recent News & Information
Mural demolished to make way for multi-million-dollar highway expansion
Do you recognise these faces? In 1998 the Gold Coast Bulletin ran a competition which allowed Gold Coasters to enter a picture of their child to be painted on the wall along the M1. Many Gold Coasters drive past these faces daily along the M1 to and from work. The mural depicts 178 Gold Coast […]
Recent News & Information
Queensland introduces coercive control taskforce
Queensland Premier Annastacia Palaszczuk has announced that an independent Coercive Control Taskforce will be formed by the Government in order to investigate the possibility of making coercive control a crime, meaning criminal convictions and penalties would apply. The Premier has indicated that the taskforce would be chaired by Justice Margaret McMurdo, a former president of […]
Recent News & Information
A young staff member was raped at parliament house
24-year-old Brittany Higgins was a month into her role as a media adviser for Defence Minister Linda Reynolds when she says she was sexually assaulted in Senator Reynolds’ office by a co-worker after a night out with colleagues. She says she had to choose between her job or reporting the incident to police. She was […]
Recent News & Information
Proven to fail and worse than a band-aid solution
‘PROVEN TO FAIL’ ‘WORSE THAN A BAND-AID SOLUTION’ This how Youth Justice Advocates are describing the new Youth Justice Reforms. Annastacia Palaszczuk’ has been applauded for cracking down on youth crime after the devastating tragedies in Queensland over the last month. “The community expects us to do more and that is exactly what we will […]
Recent News & Information
Queensland cracks down on youth crime with new measures being implemented
Queensland Premier, Annastacia Palaszczuk, is introducing state wide tough new measures in youth justice in response to the high number of youth crime. The Premier reported that 48 per cent of the youth crime in Queensland is committed by 10 per cent of criminals. The measures are aimed at young offenders that are repeat offenders […]
Recent News & Information
Speed cameras – should there or shouldn’t there be warning signs
Saving Lives or Revenue Creating NSW: The decision to remove the warning signs for mobile speed cameras in NSW has been met with a slew of controversy, being called both a “disgrace” and “absurd”. Previously warning signs had to be placed 250m ahead of a mobile speed camera and 50m after. The number of hours […]
Recent News & Information
Brisbane couple kept multiple women as sex slaves and branded them with tattoos
A Brisbane couple was arrested late last week after police carried out raids across various properties in the Greater Brisbane Area. Police allegedly uncovered drugs and recordings of sexual acts at these properties. Matthew James Markcrow and his girlfriend Crystal Marie Sawyer appeared in Brisbane Arrests Court on 5 February to face the charges. Mr […]
Recent News & Information
Cannabis products now available over the counter through pharmacies
As of February 1st you are now able to purchase low dose CBD Oil in pharmacies over the counter Australia wide. The product will only be available in doses of no more than 150 milligrams per day and will only be sold to adults. The cannabis derived product is a part of medical marijuana therapy […]
Recent News & Information
Gold Coast investors dream or rental nightmare
The Gold Coast rental market is frantic as vacancy rates drop, currently sitting below 1 per cent. The rental market is extremely competitive with supply for renters becoming increasingly difficult. In the Southern suburbs vacancy rates have dropped to 0.3 per cent in December 2020. Rental prices between $500 to $750 per week have immense […]
Recent News & Information
Couple killed by youth offender in allegedly stolen vehicle on Australia Day
Katherine Jane Leadbetter and Matthew Philip Field were walking their two dogs on Australia Day when they were tragedy killed by a teenager driver in an allegedly stolen car. The car was allegedly stolen from a Cleveland home prior to running a red light and crashing, rolling into them. Katherine was six months pregnant at the […]
Recent News & Information
Donald Trump is OUT. But unfortunately for the TIGER KING, Joe Exotic, he remains IN. Donald Trump, pardoned or commuted 143 people, in his last hurrah as President. A pardon, is the complete forgiveness of a crime and restores full rights of citizenship. Whilst, a commutation, is the substitution of a lesser penalty for that […]
Recent News & Information
Former Melbourne school principal accused paedophile
Malka Leifer is a former Melbourne School Principal and accused paedophile. She faces 74 counts of sexual assault in Victoria. Leifer left Australia when the allegations against her surfaced in 2008 and has remained in Israel since. More than six years have passed since a request was filed in the Jerusalem District Court to declare […]
Recent News & Information
Douglas Jackway to be released
Former suspect in the murder of Daniel Morcombe and notorious paedophile is to be released after 25 years in custody. Jackway will be required to wear a tracker and live in the Wacol precinct when released on a community protection order. On 15 December 2020 Jackway appeared in the Supreme Court at Brisbane before Judged […]
Recent News & Information
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 interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer […]
Recent News & Information
Even the most harmless night out can change with a single punch.
One punch assaults are shockingly frequent in Queensland. In the years between 2010 and 2012, there was a devastating number of deaths and arrests across the country resulting from one single punch. In an attempt to combat the offending and raise awareness, legislation was amended and Unlawful Striking Causing Death was added to the Queensland […]
Recent News & Information
Former health services union boss Kathy Jackson pleads guilty to misappropriation of union funds
Kathy Jackson, the former Health Services Union (HSU) boss has pleaded guilty in October to two charges of obtaining financial advantage by deception on after a Royal Commission Investigation was conducted into Union Corruption. Jackson was also found guilty of misusing $35,000.00 in union funds in a separate trial last year however it was unable […]
Recent News & Information
What does the electoral college v popular vote even mean?
In 2016, Donald Trump lost the popular vote by the greatest margin of anyone elected in the history of Presidency in the United States. But it did not matter- it is the Electoral College, not the national popular vote, that determines who wins the Presidency in the United States. In 2016, Hillary Clinton won the […]
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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 interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer […]
Articles
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 interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer […]
Articles
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 interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer […]
Articles
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 interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer […]
Articles
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 interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer […]
Articles
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 interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer […]
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The role of the Jury in a criminal trial
Juries are vital part of the Australian legal system. Juries are comprised of men and women from the community- randomly selected from the electoral roll. The responsibility of the jury is to consider the facts of a case as presented by the Crown (Prosecution) and the Defence and decide whether any offence has been proved beyond […]
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Knife related crimes on the increase in Gold Coast region
In a recent count, more than 450 people have been charged with carrying a knife in a public place in the Gold Coast area alone in the 2019/20 financial year. Queensland Police have revealed there has been a 40 per cent increase in knife related offences in the past five years. It appears knives are […]
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US supreme court justice Ruth Bader Ginsburg loses battle with cancer
Justice Ginsburg, a prominent feminist and figurehead for Liberals in the US has lost her battle pancreatic cancer on Friday. Ginsburg was the oldest justice at age 87 and the second woman to sit in the Supreme Court. Ginsburg served for 27 years after being appointed by Bill Clinton in 1993. Ginsburg had a renowned […]
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Dreamworld reopening after tragedy strikes, legal battles and coronavirus closures
Dreamworld has reopened their doors from 16 September 2020 after a rollercoaster of events and closure for 177 days. Dreamworld and Whitewater World have implemented coronavirus safe plans to ensure the park can reopen and get back to business. The theme park has gone through a world of issues with Ardent Leisure pleading guilty to […]
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Julian Assange extradition hearing
Assange’s extradition hearing is due to commence with his legal team fighting his extradition to the United States. The Australian born WikiLeaks is facing charges on one of the largest compromises of classified information in 2010 and 2011. Unforgettably, WikiLeaks published a classified United States military video which showed an Apache attack helicopter shooting down […]
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Queensland courts preparing for possible lockdown again
SEE LIST OF DECLARED HOTSPOTS Among others, Beenleigh Magistrates Court is taking additional precautions this week with the new cases and potential locations those infected have travelled. Our office and others working as Duty Lawyers in the Courthouse have returned to providing the service remotely, via telephone during this time. Queensland could be preparing for […]
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Should sickness & remorse from older offenders be accepted?
Joseph DeAngelo, otherwise known as the “Golden State Killer”, was given life imprisonment last Tuesday. The 74-year-old confessed to 13 murders and the rape of 50 women, in a grizzly crime spree that spanned the 1970s and 1980s. The crimes which he confessed to did not sufficiently canvass his full criminal history, however many of […]
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Entering Queensland – What are your obligations?
Under section 362B of the Public Health Act 2005 (QLD) there is a Direction from the Chief Health Officer in relation to entry into Queensland. Do you understand the Directions and what this means for you? If you are seeking to enter, or proposing to enter Queensland from another State or Territory you are required […]
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Court documents now required to enter Queensland
The Queensland Government’s tough new border restrictions encompass few exceptions- including for families who have shared custody agreements across state borders. Under the new Border Restriction Direction, the only exemptions are: if the person is a Queensland resident if the person is moving to Queensland as a new resident if the person is a border […]
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Celeste Barber raised $51 million to support communities and victims of the Australian Bushfires.
But spending the money has not been straightforward. Whilst campaigning for her monumental fundraiser, Barber told the world the money would be distributed across multiple states and charities for bushfire relief. However, the nominated beneficiary of Barber’s fundraiser was the Trustee for NSW Rural Fire Service (RFS) and Brigades Donation Fund. Why is this a […]
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Ardent Leisure (Dreamworld parent company) facing three charges over deadly ride
Ardent Leisure has been formally charged over the tragic death of four people on 26 October 2016 when the Thunder River Rapids ride malfunctioned at Dreamworld on the Gold Coast. A coronial inquest was conducted into the tragedy which heard that a water pump feeding the ride had broken down causing a sudden drop in […]
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“I didn’t do it, I’ve made a lot of mistakes in my life, but I’m not a murderer. You’re killing an innocent man.” These were Daniel Lewis Lee’s final words. Lee was executed in a US prison by lethal injection overnight. He was convicted of killing three people in 1996. Execution by lethal injection has […]
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Local accountant sues web giant Google over bad reviews
Kyran Seeto, a Gold Coast accountant has taken on a legal battle with Google over reviews ‘anonymously’ made in relation to his business. There are a number of reviews providing wordless one-star ratings and critique about his business. Mr Seeto does not believe they have been clients of his firm. One review by a Google […]
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Don’t get caught out at the border. Massive penalties apply
At 12 midday today the Queensland border opened up to everyone except Victorian residents. Everyone else will have to quarantine for 14 days in a hotel at their own expense if in the previous two weeks; the person been overseas; or the person has had known contact with a person who is a confirmed case […]
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Public housing residents- We are not criminals!
3000 public housing residents in Melbourne, have been forced inside their apartments since Saturday. The detention direction was enforced immediately, and residents have been forbidden from leaving their apartments. The lockdown is being enforced by a significant police presence, with officers on every floor and no indication has been given for how long the lockdown […]
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Further border closures impact on Australian economy
The COVID-19 pandemic has already caused an enormous impact on Australia’s economy, with a second wave erupting in Victoria there are concerns our economy will take further hits. Victoria has been hit the hardest. The economic output of Victoria alone will fall but 3.5 per cent, closely followed by Tasmania and Western Australia. New […]
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USA Presidential election 2020 – Who will win?
WHEN IS THE ELECTION AND WHO ARE THE BIG CONTENDERS? This year the 2020 US elections will occur on 3 November 2020. This will allow voters to select the next president for their country. Voters will be able to choose Donald Trump again or select a new candidate. If a new candidate is selected, Donald […]
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It is not fresh news that Victoria has futher outbreaks and that those who should be quarantining have not been complying with self-isolation guidelines. The New South Wales Government has announce that anyone travelling into the state from Victoria hotspots could be fined $11,000.00 or face a period of imprisonment. The health Minister Brad Hazzard […]
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Update: Coronavirus in Victoria
Over the weekend, Victoria reported 75 new cases of Coronavirus marking the states fourth highest daily total since March 31st, 2020. Health Minister, Jenny Mikakos, announced that 14 of the 75 cases are linked to outbreak, 37 cases were picked up through routine tests, 23 are still under investigation and only 1 of the 75 […]
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Former High Court Justice Dyson Heydon, was appointed by Prime Minister Tony Abbott to the High Court of Australia in 2003. Heydon remained at the bench until his mandatory retirement in 2013. As a High Court Justice, Heydon’s role was to interpret and apply the law of Australia. He would decide cases of special Federal […]
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A ‘different style’ of justice post-pandemic
NSW Chief Justice Tom Bathurst suspects there will be winners and losers as the legal system and the profession adjust to life after COVID-19. He has got women lawyers, clients, expert witnesses and open justice in the happy column. The sad faces will belong to those who expected things would return to normal. “If you […]
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You do not have the right to protest.
Australia is a party to seven core international human rights treaties. The right to freedom of assembly and association (aka your right to protest) is contained in: Articles 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR); Article 8(1)(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR); Article […]
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Youth crime – Queensland’s harder approach
The Queensland State Government has announced sweeping changes to crack down on youth crime. There have been increasing concerns in relation to youth offending in the community and the perceived ‘soft approach’ to youth offending. Premier Annastacia Palaszczuk has said she has listened to the community and acted implementing a number of changes since 2017. […]
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Controversial forensic test catching criminals through their family DNA
It is no surprise that DNA testing is a commonly used tool for law enforcement when gathering evidence in a case and when trying to catch a criminal offender. More recently, such forensic tests have been taken to a new level with evidence suggesting that ‘familial searching’ is assisting law enforcement to solve crimes. ‘Familial […]
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What would society look like if we defunded the Police?
We have all seen and heard the slogan “defund the police” flash across our social media and news platforms since the tragic death of George Floyd on 25 May 2020. But what would defunding the police look like? The first image that pops to mind is complete chaos. Pitchforks, civil unrest and anarchy. The idea […]
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How to find and claim lost Superannuation
Have you ever changed your name? Have you changed your address? Have you changed your job or changed careers? Chances are that you may have lost track of some of your super. You could have hundreds, or even thousands of dollars in a superannuation account that you either didn’t know about, or have forgotten about. […]
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Movement and gathering direction – Is non-compliance actually an offence?
We are all very aware of the Public Health Direction regarding Movement and Gathering, social distancing seems to be a term you can’t go a day without hearing now. There are a number of provisions under the Movement and Gathering Direction such as outdoor gatherings of a maximum of 20 people, and gatherings of up […]
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The increasing amount of domestic violence because of COVID-19
The COVID19 lock down is slowly coming to an end in all Australian states and territories. Despite this, its impacts may have longer term effects in the realms of family violence in Australia. During the lockdown, we have experienced increased levels of family violence in homes with more women coming forward to report violence. Recent […]
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What You Should Know What is software piracy? Software piracy is the act of stealing software that is legally protected. Stealing can include selling, distributing, modifying or copying software. It is a world-wide issue with a staggering cost of $43.3 billion dollars lost commercially. Why is it an issue? Software piracy is an issue that […]
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Australian Reporters attacked by U.S. Police after identifying themselves as the media while reporting on White House protesting Two Channel 7 reporters were live on Sunrise reporting outside the White House on the current protests triggered by the killing of George Floyd, when they were attacked by United States Police officers and the National Guard. […]
Recent News & Information
It’s been a very unsettling week, particularly in America, but rippling throughout the world. We are in challenging and painful times and we shouldn’t ignore what is happening simply because we live down under in Australia. As a wider community, the protests, the demand for justice and the end of racism should impact us just […]
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An online candlelight vigil was held in the memory of four-year-old Willow Dunn last night.
The Queensland Government passed laws in May 2019, expanding the legal definition of murder so that it includes reckless indifference to human life. The laws were introduced following controversial manslaughter cases in Queensland. Many unlawful child killings in Queensland have previously resulted in the offender being convicted of manslaughter rather than murder. Why? The main […]
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Pauline Hanson challenges unconstitutional QLD border closure
In a controversial move, Senator Pauline Hanson, the leader of the One Nation party is threatening to take legal action against the Queensland government. Senator Hanson has imposed a deadline of Thursday 28 May 2020 on the Queensland Government to lift the border restrictions or face a constitutional challenge of the closures in the High […]
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Casual employees are having a rough time.
A vast majority of our casual employees are not eligible for the JobKeeper program. The people effected are those people who make our coffee in the morning, the saints that pour our beers at the local watering hole and those that cook our chicken parmis just right. Why? Because they were not working for a […]
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Gold Coast diver should not be prosecuted for freeing whale from net
The Gold Coast man, Django who has been hailed a hero by onlookers and social media, is at risk of hefty financial penalty for interfering with shark control nets Django was just off the Burleigh Heads coast when he saw the whale calf and was in awe before realising it was stuck in a net. […]
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Death and trauma on our roads has reduced because of COVID-19
COVID-19 and Deaths on our Roads The death rate on our roads is down an average 25% because of the Covid-19 lockdowns. The lockdowns have meant less cars on the road. The COVID-19 pandemic has no doubt had an enormous impact, both socially and economically, on the Australian community and on the world. It’s arguable […]
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Refusing a jab is a stab to the efforts of our front-line workers.
Interstate NRL players who have refused to be vaccinated against the flu, have been banned from playing in Queensland- and their reaction to this announcement is a jab at our front-line workers. Last year, Australia experienced its worst flu season on record. Some 310 000 people presented themselves to hospitals and health services nationwide. This […]
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CMC inquiry and the Jackie Trad resignation
Who is Jackie Trad? Jackie Trad is the current sitting Member of South Brisbane and up until recently was the Queensland’s Deputy Premier and Treasurer of Queensland from 2015 to 2020. Crime and Corruption Commission The Crime and Corruption Commission is an independent statutory body which is formulated to reduce the incidence of major crime […]
Recent News & Information
A new era of remote justice in the magistrates court
Well the world has been turned upside down in the last couple of months and everyone has had to very quickly learn to adapt to changes in their personal, social and work lives. We are so fortunate in Australia to have avoided the sad and tragic circumstances that we are seeing overseas. Our prayers and […]
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Is COVID-19 a possible death penalty for Australian prisoners?
COVID-19 and Prisons: Are Governments Doing Enough to Protect Prisoners? Earlier this week, National Cabinet agreed on a set of national guidelines to deal with the risk of COVID-19 spreading in prisons. The states and territories agreed to provide personal protective equipment to prisoners as a priority, but only when more supplies are available and […]
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COVID-19 Restrictions Eesed in Queensland
The Queensland Government has started easing COVID-19 restrictions. The general requirement to stay at home unless you have to leave the house to do something essential will still apply. However, from 2 May 2020 you will also be allowed to travel for recreation within 50km of your home. If you leave your home for recreation […]
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Publication of Names in Sexual Assault Matters in Tasmania People charged with sexual crimes can often experience great shame and embarrassment. It is unsurprising that those charged sexual crimes can be concerned about whether their name will be published in the news media or online, this is especially the case when there is media attention […]
Recent News & Information
How to stay safe online while working from home during the COVID-19 crisis
How to Stay Safe Online While Working from Home During the COVID-19 Crisis Many people are working from home for the first time due to the restrictions put in place during the current COVID-19 pandemic. Working from home can put us all at risk of cybercrime, which can have serious impacts for us personally and […]
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Virgin Australia enters voluntary administration
Virgin Australia Enters Voluntary Administration: What Does this Mean for Travellers? Virgin Australia has formally announced today that it has entered voluntary administration. Partners from Deloitte have been appointed voluntary administrators of the company and several of its subsidiaries. Virgin is carrying about $5 billion in debt and has not posted a profit in the […]
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Double punishment for domestic violence contraventions
Defendants generally cannot be punished for the same act or omission twice unless an Act expressly allows this to occur. The Domestic and Family Violence Protection Act 2012 (Qld) seemingly allows police to charge defendants with both a contravention of a domestic violence order (DVO) and a related criminal offence based on the same facts. […]
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The Pell Verdict Cardinal George Pell walked free from prison yesterday following the High Court of Australia’s decision to grant special leave for him to appeal his convictions for sexual offences against children, allow his appeal, and quash his convictions. Pell was sentenced last year to six years imprisonment with a non-parole period of three […]
Recent Court Results
Did Drive U.I.L. (motor vehicle/tram/train/vessel)
Charges: Did Drive U.I.L. (motor vehicle/tram/train/vessel). Court Attended: Southport Magistrates Court Attendance Date: November 2021 Overview of Case: Our client was charged with the offence of Did Drive U.I.L under section 79(1)(a) of the Transport Operation (Road Use Management) Act. The maximum penalty for this offence upon conviction is a penalty not exceeding 28 penalty units […]
Recent Court Results
Contravention of a domestic and family violence order
Charges: Contravention of a domestic and family violence order (aggravated offence); Choking/Strangulation in a domestic violence setting. Court Attended: Southport District Court Attendance Date: 28 October 2021 Case Details: Our client had a criminal history, including offences of contravention of a domestic and family violence order and assaults occasioning bodily harm. Our client was facing […]
Recent Court Results
Charges: Did Drive UIL (0.154%). This is a high range drink drive. Court Attended: Rockhampton Magistrates Court Attendance Date: 20 October 2021 Case Details: Our client had one previous entry of a drink drive offence. Due to the high alcohol reading, our client was not eligible for a work licence. A consequence of this offence […]
Recent Court Results
Assault Occasioning Bodily Harm
Charges: Assault Occasioning Bodily Harm. Court Attended: Southport Magistrates Court Attendance Date: August 2021 Overview of Case: Our client was charged with assaulting a taxi driver whilst being transported home after a night of drinking causing the victim bodily harm. The maximum penalty for this offence is 7 years imprisonment. Our client wished to plead […]
Recent Court Results
Parenting dispute regarding relocation of children
The Charges Parenting dispute regarding the relocation of three children that had been unilaterally relocated by their mother Court Attended Federal Circuit Court of Australia Attended Date May 2018 Overview of Case This matter involves 3 children who were unilaterally relocated from the Gold Coast despite their Father’s protest. Prior to the relocation, the parent […]
Recent Court Results
Police protection notice seeking an ouster order
The Charges Police Protection Notice seeking an Ouster Order Court Attended Southport Magistrates Court Attended Date May 2018 Overview of Case In this matter, the client was subject to a Police Protection Notice due to an incident that had occurred between her and her estranged husband. During the incident, both parties had been assaulted however […]
Recent Court Results
Domestic violence protection order application
The Charges Domestic Violence Protection Order Application – Domestic and Family Violence Act 2012 Qld Court Attended Southport Magistrates Court Attended Date August 2018 Overview of Case Our client was the Aggrieved Applicant who had placed a private Domestic Violence Protection Order Application against their ex-partner. In order to have a Domestic Violence Order Application […]
Recent Court Results
Grievous bodily harm in Cairns
The Charges Grievous Bodily Harm CRIMINAL CODE 1899 – SECT 320 Court Attended Cairns District Court Attendance Date February 2019 Overview of Case Our client was charged with the offence of Grievous Bodily Harm under section 320 of the Criminal Code. The maximum penalty for this offence upon conviction is 14 years imprisonment. This offence […]
Recent Court Results
Fail to comply with reporting conditions case
The Charges Fail to Comply with Reporting Conditions – Child Protection (OffenderReporting) Act 2004 Court Attended Southport Magistrates Court, Gold Coast District, Queensland Attendance Date August 2018 Overview of Case Our client was charged with 3 offences of Failing to Comply with their reporting conditions under the Child Protection Offenders registry. Under that legislation, a […]
Recent Court Results
Defending client with various charges | Beenleigh
The Charges 2x failure to appear (FTA) 1x breach of bail 1x evade fair 1x breach of community service order Court Attended Beenleigh Magistrates Court Attendance Date 4th June 2018 Overview of Case Our client was charged with the above offences. He had also not completed any of his 120 hours of community service. Our […]
Recent Court Results
Our client proven innocent in grievous bodily harm case
The Matter: Grievous Bodily Harm Criminal Code Qld 1899 Section 320 Court Attended: Southport District Court Attendance Date: June 2018 Overview of Case and Outcome: Our client was accused of committing the offence of Grievous Bodily Harm toward his ex-partner by allegedly breaking her wrist after a physical argument took place. The maximum penalty for […]
Recent Court Results
Public nuisance & obstructing police case results
The Charges Public nuisance in the vicinity of a licensed premises Obstruct police in the vicinity of a licensed premises Court Attended Brisbane Magistrates Court Attendance Date 19th February 2019 Overview of Case Our client was charged with two offences. He was arrested by police for walking into incoming traffic, starting fights with members of […]
Recent Court Results
Drinking driving case with excellent outcome
The Matter: Did Drive U.I.L (motor vehicle/tram/train/vessel) TORA 79(1)(a) Court Attended: Southport Magistrates Court Attendance Date: February 2019 Overview of Case and Outcome: Our client was charged with the offence of driving under the influence of liquor under section 79 of the Transport Operations Act. The maximum penalty for this offence upon conviction is a […]
Recent Court Results
Contravene DV order & hacking charges
The Matter: Contravene a Domestic Violence order and computer hacking Court Attended. Court Attended: Southport Magistrates Court Attendance Date: 29th August 2018 Overview of Case: Our client was charged by police with Contravene a Domestic Violence order and computer hacking. Our client had split with his partner and had a shared cared arrangement in relation […]
Recent Court Results
Police application for domestic violence order
The Matter: Our office is engaged to act on behalf of the Respondent in a Police Application for a Domestic Violence Order. The Aggrieved in the Application is our client’s ex de facto partner of approximately 2 years. The parties were still in an intimate personal relationship at the time of the alleged incident. Police […]
Recent Court Results
Mid range drink driving & work licence application
The Matter: Did drive over the middle alcohol limit but not over the high alcohol limit – Transport Operations (Road Use Management) Act 1995 Section 79(1F) and s87 (Work Licence). Court Attended: Coolangatta Magistrates Court Attendance Date: February 2019 Overview of Case: Our client was charged with the offence of driving with a Blood Alcohol […]
Recent Court Results
The Charges: Drink Driving Mid Range Court Attended: Tweed Local Court Attendance Date: 7 May 2018 Overview of Case: Our client was charged with mid range drink driving after attending dinner with some friends. He had a previous drink driving offence 18 months earlier which he received a 6 month disqualification and a $1000 fine. […]
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Video: Your rights if you are under arrest
If you’ve been arrested by the police, there are certain rights that are applicable to you including: The right to remain silent. The right to a phone call. If you are arrested, don’t obstruct the police or resist arrest otherwise you will have more charges against you. Your best course of action is to call […]
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Video: What is a Character Reference
A character reference is a document that is tended to the court that supports that you are of good character and that the offence you have committed is not of normal character for you. In a good character reference, you should include any volunteer work, any community work you’ve done and your current employment. Anyone […]
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Video: We attend all regional courts in QLD and NSW
At Brooke Winter Solicitors, we travel to all regional courts throughout Queensland, New South Wales and Tasmania. We specialise in all matters involving: Criminal Law. Family Law. Domestic Violence Proceedings. Child Protection. Traffic Law matters. We love to travel and meet you at your regional court to make you feel at ease and also save […]
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Video: What is a Serious Violence Order (SVO)
An SVO stands for Serious Violent Offender. A Declaration is automatically applied when someone is found guilty for an offence that is punishable with imprisonment for 10 years or more. These offences do include: Serious assaults Sexual assaults Unlawful escape from custody If you do find yourself in a difficult situation, we are contactable on […]
Recent Court Results
The Charges: 1x charge of fraud to the value of $41,000 Court Attended: Southport District Court Attendance Date: 11 June 2018 Overview of Case: Our client was charged with fraud. Our client was an aged carer and worked with the complainant as her carer. Our client withdrew $41,000 from the complainant’s account and used the […]
Recent Court Results
The Matter: Driving a Motor Vehicle Without a Driver Licence (Demerit Point Suspended) | Transport Operations (Road Use Management) Act 1995 Section 78(1)(b)&(3)(b) Court Attended: Holland Park Magistrates Court Attendance Date: June 2018 Overview of Case: Our client was charged with driving without a driver licence whilst being suspended due to loss of demerit points. […]
Recent Court Results
Driving a vessel under the influence
The Charges: Offence of driving while under the influence Penalty: Any person who, while under the influence of liquor or drugs, drives a motor vehicle, tram, train or vessel is guilty of an offence and liable to a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months. Court […]
Recent Court Results
Breach of bail & contravention of DVO
The Charges: Breach of Bail Breach of Community Service Order 8 x Contravention of Domestic Violence Order Stealing Court Attended: Southport Magistrates Court Attendance Date: June 2018 Overview of Case: In this matter, the client was charged with the above offences. The client had an extensive criminal history, which included numerous contravention of domestic violence […]
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Video: What is a Probation Order
A probation order is an order in which you are released on upon sentence in a magistrates court. It can be anywhere from 6 months to 2 years. While on probation, you will be required to comply with a set of requirements such as: Reporting to a probation office upon your release. Not committing further […]
Recent Court Results
Parenting proceedings – Interim hearing
The Charges: Parenting proceedings – Interim Hearing Court Attended: Federal Circuit Court of Australia in Brisbane Attendance Date: May 2018 Overview of Case: This was a case where we were instructed the day before an Interim Hearing. There had been several court events prior to our involvement and the matter was proceeding by way of […]
Recent Court Results
Obtaining a financial advantage for self
The Charges: 2 counts of Obtaining a Financial advantage for Self, due to having misrepresented their income to Centrelink during two separate periods. Court Attended: Southport Magistrates Court Attendance Date: April 2018 Overview of Case: The client was charged with two counts of obtaining a financial advantage for self, each charge of which carries a […]
Recent Court Results
Indecent treatment of a child under the age of 12
The Charges: 2x Charges of indecent treatment of a child under the age of 12 Court Attended: Ipswich District Court Attendance Date: 28 May 2018 Overview of Case: Our client was charged with 2 charges of indecent treatment of a child. The maximum penalty for each offence was 14 years imprisonment. These charges, imprisonment is […]
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Allanah Patron helps victims of domestic violence every day and understands the sensitive nature of these matters. Domestic violence can range from physical, emotional, psychological and mental abuse, and includes things like stalking, intimidation, harassment, or anything that causes you to fear for your safety. Learn more about Domestic Violence law and get advice on […]
Recent Court Results
Guilty plea to multiple criminal charges
The Charges: 7 x Unauthorised dealing with shop goods 4 x Driving without a licence disqualified by a Court Order; 3 x Stealing 4 x Breach of Bail 1 x Possession of suspected stolen goods 1 x Possession of utensils or pipe Court Attended: Southport Magistrates Court Attendance Date: March 2018 Overview of Case: In […]
Recent Court Results
Wounding charge dismissed: Southport District Court
The Charges: Wounding Court Attended: Southport District Court Attendance Date: 26/04/2018 Overview of Case: Our client was charged with stabbing her husband during a domestic incident at their home. Our client had been a victim of domestic violence for a number of years. Our client and her husband had a verbal argument. Our […]
Recent Court Results
Wilfully Damaging Property Without Consent Causing Loss
The Charges: Wilfully damage of property without consent causing loss – Regulatory Offences Act 1985 Qld Maximum Penalty $500.00 fine Court Attended: Southport Magistrates Court Attendance Date: March 2018 Overview of Case and Outcome: Our client was charged with damaging property belonging to his neighbour, namely a vehicle. The allegations stemmed from a long […]
Recent Court Results
Giving an official a false or misleading document
The Charges: Giving Official a false or misleading document – Heavy Vehicle National Law Act Qld Section 702(1). Maximum Penalty $10,000 fine. Court Attended: Roma Magistrates Court Attendance Date: April 2018 Overview of Case and Outcome: Our client was charged with providing false information to an official after an inspection on his heavy vehicle license. […]
Recent Court Results
Contravening a police protection notice for domestic violence
The Charges: Contravention of police protection notice – s 178 Domestic Violence and Family Protection Act 2012 (Qld) Penalty: Maximum penalty—120 penalty units or 3 years imprisonment. Court Attended: Southport Magistrates Court Attendance Date: April 2018 Overview of Case and Outcome: Our client was charged with contravening a Police Protection Notice for Domestic Violence […]
Recent Court Results
Client was served an application for a peace and good behavior order
The Charges: The client had been served with an Application for a Peace and Good Behavior Order. Court Attended: Southport Magistrates Court Attendance Date: April 2018 Overview of Case: The client had been served with an application for a Peace and Good Behavior Order as a result of an ongoing dispute with their neighbor. The […]
Recent Court Results
Client plead guilty to multiple charges & avoided jailtime
The Charges: 3 x Breaches of bail 2x possess dangerous drugs cannabis 2x possess dangerous drugs methamphetamines 5x stealing 1x attempted stealing 1x public nuisance in the vicinity of a licensed premises 2x common assaults (spitting landing in victims face) 2x unauthorized dealing with shop goods 1x receiving tainted property 2x evade fare Court Attended: […]
Recent Court Results
Obtaining a financial advantage for self charges
The Charges The client was charged with 2 counts of Obtaining a Financial advantage for Self, due to having misrepresented their income to Centrelink during two separate periods. Court Attended Southport Magistrates Court Attendance Date April 2018 Overview of Case The client was charged with two counts of obtaining a financial advantage for self, each […]
Recent Court Results
Recovery order after not seeing son for 12 months
Court Attended: Federal Circuit Court of Australia Attendance Date: March 2018 Overview of Case: Client came to us just after the Christmas holidays to enquire about a recovery order for her son. She noted that she had not seen her son for almost 12 months, and had significant concerns about the father not properly caring […]
Recent Court Results
The Charges: Obtain Financial Advantage – The maximum penalty for each charge under section 135.2(1) of the Criminal Code (Cth) is 12 months imprisonment and/or a $6,600 pecuniary penalty Attendance Date: March 2018 Location: Southport Magistrates Court Our client was charged with 2 counts of Obtaining a Financial Advantage from Centrelink between […]
Recent Court Results
The Charges: Possess Dangerous Drug (Drugs Misuse Act) Attendance Date: March 2018 Location: Brisbane Supreme Court Overview & Outcome Our client was charged with possession of Meth by the Queensland Police. We represented the client through the committal process and obtained a brief of evidence. Our client entered a plea of not guilty to the […]
Recent News & Information
Grandparents play an important role in the lives of children all over Australia. They are often an invaluable resource to parents who need a break or guidance or to assist in the day to day activities for the children, such as before and after school care. It is because of this that the Family Law […]
Recent Court Results
The Charges: Attempting to Pervert Justice (Criminal Code 1899 – SECT 140) Attendance Date: March 2018 Location: Brisbane District Court Overview & Outcome Our client was charged with Attempting to pervert the course of Justice by agreeing to accept charges on a friend’s behalf via written statutory declaration sent to the Police. Police established that […]
Recent News & Information
Lessons learned by the Barnaby Joyce saga
The recent development about Barnaby Joyce’s extra marital affair has opened a dialogue with regards to discussions on property settlements and paternity. What many people falsely assume is that the girlfriend (as opposed to his wife) will not be entitled to anything apart from child support from Barnaby and that his property settlement issues with […]
Recent News & Information
Debunking the myths of property settlements
When Family Law solicitors first meet with clients who have separated and need to divide their assets, one of the most common statements we hear is that the wife automatically gets the house, or that the other party has already obtained legal advice and they are entitled to 90% of the property pool. This cannot […]
Recent News & Information
Get ready for the Commonwealth games
Get Set, Gold Coast! The Games are coming and our team at Brooke Winter Solicitors is excited to welcome all the wonderful visitors to our city to join the celebrations. There will be people visiting the Gold Coast from all around the world and although that leads to a lot of excitement, it can also […]
Recent News & Information
My Ex has taken my children overseas without my permission
More and more frequently, Family Law solicitors are faced with the situation where we have a client in our office who is panicking as their former spouse has taken the children overseas without their permission. On many occasions, the situation resolves itself without issue, however there are an increasing number of cases where the former […]
Recent Court Results
Dangerous operation of motor vehicle occasioning death
Attendance Date: March 2018 Overview of Case: We appeared in the Rockhampton District Court with a client who was charged with Dangerous Operation of a Motor Vehicle Occasioning Death which involved a heavy vehicle. Outcome: Our client pleaded guilty to the charge and we appeared before the court with him at the sentence. This […]
Recent News & Information
Parenting after separation – What happens now?
One of the most common issues that family lawyers face is that of separated parenting disputing over their children. Often, one parent does not want to let the other parent spend time with the children or does not want the other parent to spend as much time with the children as they do. There are […]
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Video: Reduce your traffic offence sentence with QTOP
If you have been charged with any traffic related matter including drink driving, dangerous driving or unlicensed driving, we recommend that you seriously consider doing the Queensland Traffic Offenders Program (QTOP). The court will take into consideration any preparations that you do in relation to your traffic matter and may assist you with reducing your […]
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Video: Charged with drink or drug driving? Reduce your disqualification period
If you’ve been charged with the offence of drink driving or drug driving, you will need to appear in court for that matter. At Brooke Winter Solicitors, we can provide you with detailed legal advice and help you to complete the necessary preparations to mitigate your disqualification period. Our goal is to seek the minimum […]
Recent Court Results
Children withheld and relocated by other parent
Attendance Date: January 2018 Overview of Case: The client called our office on the first day back after the Christmas holidays with an urgent enquiry due to their children being withheld and relocated by the other parent. The client had not seen the children for two weeks and had found out that the mother had […]
Recent Court Results
Possessing counterfeit money case
The Charges: Possessing Counterfeit Money Court Attended: Southport Magistrates Court Attendance Date: 15/01/18 Overview of Case: Our client was charged with possessing a counterfeit $50.00 note which was found in her handbag. This offence is under the Crimes (Currency) Act 1981 Qld. Our client had no history of criminal convictions however the offence carries a maximum penalty […]
Recent Court Results
Possession of drug utensils & dangerous drugs
The Charges: The Drugs Misuse Act Qld 1986 – Possess Dangerous Drugs (Maximum Penalty 25 years Imprisonment), Possessing Things (Maximum 15 years Imprisonment), Possess property suspected of having been used in connection with the commission of a drug offence (Maximum 2 years Imprisonment) Court Attended: Beenleigh Magistrates Court. Attendance Date: January 2018. Overview of Case: Our […]
Recent Court Results
Possession of an unlicensed firearm Southport Court
The Charges: Possession of an Unregistered Firearm (Weapons Offence) Common Assault (Domestic Violence) Willful damage (Domestic Violence) Dangerous Operation of a Motor Vehicle Court Attended: Southport Magistrates Court Attendance Date: 10 January 2018 Overview of Case: Our client was initially charged with possession of an unlicensed firearm, common assault, willful damage and dangerous operation of […]
Recent Court Results
Child pornography matter in district court of QLD
The Charges: Use a Carriage Service to Access Child Pornography Material. Under the Criminal Code Act 1995, the maximum penalty for this charge is 15 years imprisonment. Court Attended: District Court of Queensland Attendance Date: December 2017 Overview of Case: Our client was charged with three (3) offences relating to the access of child pornography […]
Recent Court Results
Assault occasioning bodily harm matter in Southport Court
The Charges: Assault Occasioning Bodily Harm Court Attended: Southport Magistrates Court Attendance Date: 09/01/18 Overview of Case: Our client was charged with assaulting a security guard at a nightclub causing him bodily harm. Our client had no criminal history however the offence carries a maximum penalty of 7 years imprisonment. After successful negotiations with […]
Recent Court Results
The Charges: Dangerous Operation of a motor vehicle Receipt of tainted property Driving while disqualified Court Attended: Coolangatta Magistrates Court Attendance Date: December 2017 Overview of Case: Client was found to be driving a stolen motor vehicle and subsequently engaged in a high-speed pursuit which travelled over the QLD/NSW border. Client had already served 6 […]
Recent Court Results
The Charges: Driving unlicensed (repeat offender) Court Attended: Beenleigh Magistrates Court Attendance Date: 13/12/17 Overview of Case: Our client was charged with unlicensed driving (repeat offender). The client had previous disqualifications for the same offence. Outcome: He was convicted and fined $500.00 and was disqualified for the minimum period of 1 month.
Recent Court Results
The Charges: Fail to Appear in accordance with undertaking x 2 Court Attended: Beenleigh Magistrates Court Attendance Date: December 2017 Overview of Case: Client failed to appear on two occasions including failing to appear on a fail to appear offence. Outcome: After detailed submissions from our expert team, the client received a fine referred to […]
Recent Court Results
Application for a protection order
The Charges: Application for a Protection Order Court Attended: Southport Magistrates Court Attendance Date: 7/12/17 Overview of Case: Our client was served with an application for a protection order. The aggrieved alleged that our client had been physically, emotionally and financially abusive to her. Our client was successful at trial in defending the Application […]
Recent Court Results
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 […]
Recent News & Information
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 […]
Recent Court Results
Parenting dispute on father’s behalf
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 […]
Recent Court Results
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 […]
Recent Court Results
Driving whilst relevant drug present
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 […]
Recent Court Results
Assault occasioning bodily harm
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 […]
Recent News & Information
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, […]
Recent News & Information
Is it legal to have a taser in Queensland?
What is a Taser and how does it work? Taser is an electroshock hand-held weapon produced by Axom (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 […]
Recent News & Information
What is the status of Uber in Queensland?
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 […]
Recent Court Results
Southport domestic violence order
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 […]
Recent Court Results
Assault occasioning bodily harm on the Gold Coast
The Charges: The client was charged with Assault Occasioning Bodily Harm. Court Attended: Southport Magistrates Court Attendance Date: September 2016 Outcome: After several lengthy submissions from our office during the sentence, the client received a section 19 Good Behaviour Bond, and had no criminal conviction recorded. If you’re facing a serious assault charge, it’s important […]
Recent News & Information
Queensland courts have released a series of short videos for domestic violence cases. The videos are designed to provide information to both victims and perpetrators and to make the community more aware of appropriate action to stop the violence. The videos were created by the Attorney General and Minister for Justice Yvette D’Ath and Dame […]
Recent Court Results
The Charges: The client was charged with 18 criminal law offences (mainly drugs and possession of weapons). Case Details: The client had extensive criminal history and was in breach of a previous wholly suspended sentence. Court Attended: Beenleigh Magistrates Court Attendance Date: October 2016 Outcome: Upon lengthy submissions from our office, client received a further […]
Recent Court Results
The Charges: The client was charged with High Range Drink drive in Mackay. Case Details: Client had been convicted of no previous offences. Our offices made a detail submission on the clients behalf. Court Attended: Mackay Magistrates Court Attendance Date: October 2016 Outcome: Client was fined and received the minimum mandatory period for license disqualification […]
Recent Court Results
Break & enter, possession of dangerous drug and utensil
The Charges: The client was charged with breaking and entering a premises as well as the possession of a dangerous drug (DD) and possession of a drug utensil. Case Details: Client was already on parole and had 5 pages of history of like offences. The client had just served 6 months in custody on other […]
Recent Court Results
Driving unlicensed & Contravene directions
The Charges: The client was charged with unlicensed driving and contravening a direction from a police officer. Case Details: Client had no prior convictions. Court Attended: Ipswich Magistrates Court Attendance Date: October 2016 Outcome: $300 fine for driving unlicensed and mandatory minimum disqualification. Convicted without further punishment on contravene direction offence. If you are facing […]
Recent Court Results
DUI, public nuisance & assault of a police officer
The Charges: The client was charged with being a public nuisance, driving under the influence of liquor (UIL) and serious assaulting a police officer (spitting on a police officer). Case Details: Client has a history for driving under the influence of liquor (UIL) and violent offences. The client has been on two probation orders in […]
Recent News & Information
Divorcing in Queensland Separation and divorce are difficult decisions. If you’re considering divorcing in Queensland, it’s a good idea to be aware of the general process. Divorce involves a standard process. You need to fulfill a series of criteria. The general gist of these criteria is that you and your partner have been separated for […]
Recent News & Information
The new Australian Marijuana Laws
Recently, there was a change to Australian marijuana laws. This change could be of interest to those people who are interested in the topic of medicinal cannabis. In a general sense, these changes may enable access to medicinal cannabis for certain people. But, there are a few hurdles that still exist – and these differ […]
Recent News & Information
Is it legal to sleep in your car in Queensland?
If you’re planning a road trip, or perhaps have a particularly long day ahead, you might be interested to know if you can sleep in your car or not. At the moment, there are no nationwide laws against sleeping in your car. In some regions of Australia, this means that you can pull over in […]
Recent News & Information
It is legal to record a phone call in Queensland?
It is Legal to Record a Phone Call in Queensland? There are many situations in which you might find yourself wanting to record a personal phone call. Whether you’re in a conflict situation, or you’re just doing so to aid your memory, this can be a bit of a grey area. Smart phones have made […]
Recent News & Information
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 […]
Recent News & Information
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. […]
Recent News & Information
Separating from a Spouse with children
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, […]
Recent News & Information
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 […]
Recent News & Information
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 […]
Video
Obstructing police is a criminal offence in QLD. This means that if you hinder police in the course of their work, you may be charged with obstructing police. This means that it’s a good idea to comply with any reasonable directions of the police. You do, however, have the right to remain silent, and the […]
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Video: Domestic Violence Order
Domestic violence is a broad range of behaviours, including physical violence, verbal abuse, emotional abuse or economic abuse. If you’re experiencing domestic violence in a relationship, you might feel unsafe or threatened. If you believe you have been experiencing domestic violence in a relationship, you may apply for a Domestic Violence Order. This video explains […]
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Video: How To Apply For A Restricted Licence
A licence suspension can be stressful. Holding a driver’s licence can be an important part of your life. Many people need a driver’s licence for their work. If you need to drive as part of your job, you might be eligible to apply for a work licence. With this restricted licence, you can drive for […]
Video
Video: Property Settlement After Divorce Or Separation
Sammi Dutschke talks about matters involving property settlement following a divorce or separation. After separating from a spouse, you need to try to reach a property settlement. This is about determining how any jointly owned property will be distributed. For example, you might have owned a house or some shares together. There are many factors […]
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Video: Federal Circuit Court: Family Law, Child Custody & Property Settlement
The Federal Circuit court used to be called the Federal Magistrates Court. This is the court in which you can make an application to have Family Law or Property matters dealt with. In order to make an application to the Federal Circuit court, you must have attempted mediation and received a 60I certificate, or you […]
Video
Video: How to apply for a Special Hardship Order
For some people, licence suspension might bring on considerable hardship. For instance, without your licence, you might be unable to drive to work, or drive your children to school. When you’ve had your licence suspended in Queensland, you might be able to apply for a Special Hardship Order. To be approved, you need to show […]
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Video: How to Apply for Divorce in QLD
The process for divorce in Queensland is comparable to other states in Australia. Before you can make a divorce application, you need to have been separated from your spouse for twelve months. You can then file for divorce together with your spouse. There is a fee involved in lodging the paperwork. If your spouse disagrees, […]
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Video: What is a Separation Agreement
Making a separation agreement involves negotiating parenting arrangements with your ex-spouse. Separation is a difficult time. When children are involved, they can find the process stressful as well. Although separation is rarely an easy process, having a separation agreement can be helpful. A separation agreement is an agreement between you and your ex-spouse that governs […]
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Video: What is Drug Possession?
Drug possession means that you have control and custody of the illicit substance. Although this often means that the substance was found on your person (for example, in a pocket), this is not always the case. For example, if you’re travelling in a car and you know that there are drugs stored in that car’s […]
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Video: What is a Reasonable Request?
Complying With Reasonable Directions If you’re stopped by the Queensland Police, you must comply with any reasonable request they make of you. For example, if you are stopped in your car for a random breath test, you must complete it. If you are asked to provide identification, you must do so. If you fail to […]
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Video: Different Types of Offences
There are different kinds of offences, which result in different processes. There are different types of offences that police might investigate. These differ according to their severity, and the process that occurs after you’re charged differs as well. The two major types of offence are indictable matters and summary matters. Indictable Matters These are serious […]
Recent News & Information
The new Gold Coast domestic violence court
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 […]
Recent News & Information
Domestic violence legislation and family law working together
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 […]
Recent News & Information
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 […]
Recent News & Information
Child offender reporting scheme
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 […]
Recent News & Information
Police target seat belt, child restraint and helmet offences
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, […]
Recent News & Information
A child does not equal de facto
Recent Changes to De Facto Law Substantial changes to de facto law were introduced on 1 March 2009. The major change that occurred was that de facto couples would be treated the same way as married couples have been for years. De facto couples in property settlement disputes are now heard in the Federal Magistrates […]
Recent News & Information
Drug Charges QLD Have you been charged with a drug-related offence such as Trafficking, Supply or Possession? Wondering what to do next? If you’re facing drug charges, it is important that you get reliable legal advice before you do anything further. You have the right to remain silent and you should not participate in any […]
Recent News & Information
Disputing an infringement notice
Have you received an infringement notice and want to contest it? If you’re thinking about disputing an infringement notice in Queensland, there are some factors to consider before you make your decision. Did you know….. 1. The court has no discretion to alter demerit points; 2. If you elect to have the matter heard in […]
Recent News & Information
A Recent Case in Southport Magistrates Court Brooke Winter Solicitors have criminal law experts who can represent you in Southport Magistrates Court, in other Gold Coast courts, or elsewhere in Queensland. One recent case has been covered by A Current Affair. We have worked with many clients on the Gold Coast and around Queensland on […]
Recent News & Information
The Right to Remain Silent – And Other Rights in QLD Are you being investigated by the Queensland Police? Did you know that you have rights? You have the right to speak to a lawyer. It is a good idea to seek legal advice before you speak with police. You have the right to remain […]
Recent News & Information
Have you been caught driving without a licence in QLD? Unlicensed driving in QLD can result in considerable penalties. There are different penalties depending on the offence. You might lose your licence for a month or longer. Did you know that there are mandatory minimum disqualifications if you are caught driving without a licence? They […]
Recent News & Information
What is an Alcohol Interlock Device? An alcohol interlock device tests your breath before you can start your car. You may need to have an alcohol interlock device fitted to your car in a range of situations. Did you know that if you have been convicted of a drink driving offence over 0.150% OR driving […]
Recent News & Information
Have you been charged with a driving offence in Queensland? Then, it’s a really good idea to do the Gold Coast Traffic Offenders Program. The program runs in a location near the Nerang Train Station. The course goes for about an hour and a half each Tuesday night. To complete the full traffic offenders program, […]
Recent News & Information
Do you need a restricted driving licence for work? Did you know that to be eligible for a restricted work licence (for a drink driving offence), the following conditions MUST apply: 1. The reading must be below 0.150%;2. You must not have been driving for work purposes at the time of the incident;3. You must […]
Recent News & Information
Mandatory sentencing & drink driving
Drink Driving Penalties QLD Have you been charged with drink driving in QLD? Did you know that there is mandatory sentencing in Queensland for drink driving offences? This means that the Courts MUST disqualify your drivers licence if you are convicted of any drink driving offence, no matter what the reading. If the reading is […]
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