To drive in the state of Queensland, you must hold a valid drivers licence. If you do not have a valid drivers licence and continue to drive, this is known as unlicensed driving. Typically, unlicensed driving occurs where individuals have lost their licence due to loss of demerit points, failing…
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Sentimental Value in Property Settlement In determining how the property pool is split, the Court has previously highlighted the difficult, and sometimes unique circumstances where one party may have sentimental value in an asset. In one particular case, the Husband of the proceedings was given 14 days to retrieve the…
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The international US story of a 34-year-old female teacher (Letourneau) who seduced one of her 12-year-old student (Fualaau) into a relationship raises clear questions as to how this situation would be dealt with under Australian Law. Letourneau originally pleaded guilty to two counts of felony second-degree rape of a child…
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Bill Cosby was convicted of aggravated sexual assault and sentenced to 3 years imprisonment for the acts committed against several women. Although the term “sexual assault” is well-known in both the US and Australian jurisdictions, the Australian position differs slightly. Pursuant to the Criminal Code 1899 (Qld) section 352, any…
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Proposed Smoking Ban and the Effect on Queensland Sydney council has proposed a smoking ban in the second-largest CBD, essentially creating the first national-first smoking ban. The North Sydney council members hope to reduce the current smoking rates by as much as 50% in the coming months, with hopes to…
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Is Drink Driving Only Applicable For Cars? Nope! If you are caught drink driving, there is a strong chance the vehicle will either be a car or motorcycle. These two categories of transport form approximately 98% of current drink driving charges in Queensland. However, these are not the only forms…
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Since the implementation of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, factors such as sex and gender no longer affect Australian marriage rights, with same-sex marriage now legal amongst all states and territories. These changes altered the existing Marriage Act 1961, redefining marriage to be ‘the union of…
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In the last five years, the High Court of Australia has heavily criticised sentencing principles which implement an oversimplified approach and place significant weight to broad sentencing ranges and individual factors. As a result of this increased criticism, the court’s approach has slowly shifted to sentencing approaches which implement an…
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In today’s society, most documents used in day-to-day business can now be filled out and signed electronically. The Electronic Transactions (Queensland) Act 2001 (ETA) is the legislation which governs the permitted use of electronic signatures. Although the ETA does not include a comprehensive definition of what constitutes an ‘electronic signature’,…
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Recovery, Respect, and Hope Offered by Traditional Court Alternative A successful initiative in the Victorian Magistrates Court is assisting drug-addicted parents to get their lives back on track and resume their role in their children’s lives. The Dandenong Drug Court, recently featured in television and print media, was introduced in…
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