Tag: Magistrates Court

drug driving
09 Jul

Expanding Roadside Drug Driving Cocaine-Related Offenses

Cocaine to be included in Drug Driving Testing In response to the rising number of serious crashes, the Queensland Government has expanded its highly successful roadside drug testing program to include testing for cocaine. The inclusion of cocaine in the program aims to detect dangerous drivers and keep them off the state’s roads. Drivers on Queensland roads can be charged with an offence of driving while a relevant drug is present even if their driving is not impaired by the drug.  With a zero-tolerance approach to drug driving, Queensland has implemented tough penalties for offenders, including license disqualification, fines, and …

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29 Jun

COVID-19 Court Arrangements – June 21 Lockdown

A number of clients have raised concerns about Covid-19 Court arrangements for their court matters following the announcement by the Premier that Southeast Queensland is in a three day lockdown commencing tonight at 6:00pm. If you have any questions, please call our office on (07)55800 120 and we will answer them for you. Below we provide a brief overview of the Covid-19 court arrangements. Our office: We are an essential service and will remain open for court appearances especially Bail Applications. We will be available for phone conferences or video conferences. Our office utilises end to end encrypted software for …

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19 Mar

NEW DEPUTY CHIEF FOR QLD's MAGISTRATE COURT

On 11 March 2021, The Attorney-General and Minister for Justice Shannon Fentiman announced the elevation of Magistrate Anthony Gett as the state’s newest Deputy Chief Magistrates. Magistrate Gett was first appointed a magistrate of the Magistrates Court of Queensland in 2013. Magistrate Gett’s appointment follows the retirement of former Deputy Chief Magistrate O’Shea after almost 20 years as Magistrate. Magistrate O’Shea was appointed Deputy Chief in July 2014. Magistrates Court Jurisdiction The Magistrates Court is a particularly busy jurisdiction. Of all the courts in Queensland it is the Magistrates Courts that most people will have contact with; over 90 per cent …

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24 Apr

Bail Documents a 'Waste'

Our Director, Michael Gatenby spoke to the Gold Coast Bulletin about the issues with Prosecution Objection to Bail Affidavits at the Southport Court House. Michael Gatenby recently commented on the current status of bail documents and how they simply aren’t sufficient. Article clipping sourced from Gold Coast Bulletin.

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24 Nov

Schoolies week legal issues can impact your future.

It is that time of year again when school leavers get the chance to celebrate their graduation at the annual ‘Schoolies’ festival. Although we are hopeful that it is a week of fun, laughter and celebration we understand that there may be some schoolies that face legal issues.  Some schoolies week legal issues can have a real and significant impact on your future. With a number of arrests already made over the first part of the week, we are here to provide advice on your rights and possible outcomes of common legal issues you may face. Common ‘on the spot …

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26 Oct

Welcome Return Of Drug Court To Queensland Courts

In acknowledging the link between addiction and the commission of criminal offences, the Queensland government has reinstated the Drug Court in Queensland.  This court recognises that rehabilitation is often the best way of achieving the objective of keeping the community safe from recidivist offenders, who might otherwise be unable to give up their drug and/or alcohol addiction. On 24 October, the Queensland parliament passed the Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017.  This bill is not only re-established the previous regime but expands it to include alcohol as a relevant drug. In her …

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19 Oct

Opening of Southport’s specialist Domestic and Family Violence Court

On 19 October 2017, the Attorney-General and Minister for Justice Yvette D’Ath officially opened Southport’s permanent specialist Domestic and Family Violence Court.  The renovations reflect the caseload of Southport’s specialist DFV court which has dealt with more than 12,000 matter since the trial began in September 2015. The renovations include: A dedicated registry counter for enquiries and filing DFV court applications; Secure entry for courtrooms Video conferencing facilities for female victims too fearful to attend court in person and witnesses. Quiet room for distressed women; Secure children’s play area, Meeting room facilities for men and their legal and support services, and Sound-proofed …

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15 Feb

Electronic Tracking for alleged Queensland DVO offenders

Following the January 30 death of Teresa Bradshaw, there is a call for bail conditions to include the wearing of a tracking device by alleged domestic violence offenders.  Ms Bradford was killed by her estranged husband, who was on bail for DV offences at the time of her death. The Queensland Police Minister, Mark Ryan said that he has on ‘open mind’ on the introduction of the technology.  This move has also been supported by the Queensland opposition leader, Tim Nicholls. Electronic monitoring was first considered by Dr Ralph Schwitzgebel in 1964.  The technology has since been refined and used in American Courts since 1983. It has …

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02 Dec

Qld set to overturn Barbaro & Zirilli v The Queen [2014]

Barbaro & Zirilli is a 2014 High Court Decision which effectively brought to an end the practice of Prosecutors providing the Court with an appropriate sentencing range.  Until 2014 it was usual for the prosecution to provide the Court with assistance not only as to the facts of a sentence but also with a range that the Crown considered appropriate for the offending. The case itself involved conspiring to traffic a commercial quantity of MDMA, trafficking a commercial quantity of MDMA and attempting to possess a commercial quantity of cocaine. The accused men, Mr Barbaro and Mr Zirilli agreed to …

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04 Jul

When do I have to provide police with a traffic crash report?

Current Law. The Driver of a motor vehicle is required to furnish a traffic crash report to police as soon as possible to the nearest police station. Section 92 of the Transport Operations (Road Use Management) Act 1995 and section 287 of the Queensland Road Rules require drivers involved in crashes and other incidents that result in more than $2 500 damage to report those incidents to police. Drivers must also report to police if a person is injured or killed in the crash or a motor vehicle involved in the crash needs to be towed from the scene. Maximum …

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