A new zero alcohol limit starts 1 July 2010, for drivers on learners or probationary licences in Queensland.

Under previous legislation, L and P plate drivers over the age of 25 could have a reading of 0.05 per cent.

All learner and provisional drivers, regardless of age, now need to be aware that they must have a zero alcohol limit when they are in charge of a motor  vehicle.

On 22 June 2010 The Prostitution Licensing Authority failed in a new attempt to have one of Queensland's best known legal brothel owner's license suspended.

[The owner of] a legal brothel on Brisbane's southside, was charged with prostitution offences alleging she carried on an illegal escort service and attempted to procure another person to destroy evidence.

The Prostitution Licensing Authority suspended [the owner's] legal brothel license but she sought a judicial review of the decision. 

A Supreme Court judge set aside the Prostitution Licensing Authority  suspension order and found the PLA had failed to take into account relevant conditions - the strength of the prosecution case and the fact [the] legal brothel was well run.

The PLA then appealed the judgment but the Court of Appeal dismissed the appeal.

Article courtesy of  Courier Mail

Michael Gatenby of McLaughlins Solicitors was the Solicitor for the legal brothel owner at the Appeal.

It is with much sadness that McLaughlins advises of the sudden passing of Murray Wilson on Saturday 5 June 2010.

Murray's compassion, humour and knowledge will be sadly missed by our clients and his colleagues.

Our thoughts are with Murray's family and friends at this time.

A funeral Service was held on Friday 11 June 2010 at Mount Thompson West Chapel Holland Park.  It was attended by Murray's family, friends, colleagues, former colleagues and clients.

Queensland police are to be given the power to issue on the spot fines for Public Nuisance Offences.  Fines are expected to range between $100.00 and $300.00.

On the spot fines will be in addition to police powers of arrest or the issuing of Notices to Appear.  Members of the public issued with an on the spot fine who wish to contest the allegation will need to ensure that they comply with the necessary time limits.

During a trial, held over the past twelve months, there was an increase in public nuisance prosecutions of approximately 20%.  Without the checks and balances of the present system, police are more likely to issue tickets in situations unlikely to be determined criminal by the courts. 

Whilst research indicates that of the tickets issued less than 1% were challenged, it seems most people are reluctant to challenge the tickets because of the costs involved.  Those given a ticket need to seek advice as to the impact on their future employment prospects, possible defences and likelihood of recovering costs if successful.

If you require any further information in relation to criminal law matters, please contact Michael Gatenby of our office.

The Queensland Parliament has introduced the Neighbourhood Disputes Resolution Bill 2010.

The Bill will repeal the current Dividing Fences Act 1953 which provides for rules about the construction and repair of dividing fences and each neighbour's responsibilities with respect to dividing fences.  The new Neighbourhood Disputes Resolution Bill will not only regulate dividing fences but will also provide for who will be responsible for the proper care and maintenance of trees.

The proposed new laws aim to:

• provide rules about each neighbour's responsibility for dividing fences and for trees so that neighbours are generally able to resolve issues about fences or trees without a dispute arising; and 

• facilitate the resolution of any disputes about dividing fences or trees that do arise between neighbours.

On 17 May 2010, Attorney General Robert McClelland lauched the new website www.accesstojustice.gov.au.

Members of the public are able to access the website to:-

• access lists of service providers such as Legal Aid, Community Centres, Family Relationship Centres and Family Dispute Resolution information and service providers;
• a link to practising lawyers in their area;
• access to relevant laws which will enable members of the public to understand options available to them.
  

On 4 May 2010, the federal government announced a funding boost of $3 million for family violence services to assist the Family Violence Prevention Legal Services, Women’s Legal Services and Indigenous Women’s Projects.

The extra funding will enable the organisiations involved in assisting victims of domestic and family violence including:

• • the lodging of victim’s compensation claims, including helping to pay for associated up-front costs such as medical reports;

• • the provision of legal and related support to victims to ensure their rights are protected; and

• • increasing awareness of services and legal issues.

For further information on Domestic Violence, please contact either Sophie Pearson or Michael Gatenby.

The Queensland Parliament is planning reforms to the current workers compensation scheme under WorkCover.

The reform will result in the following changes to the WorkCover scheme:

• There is to be no restrictions on injured workers' rights to access common law claims for compensation;

• WorkCover claims will be subject to the same standard of care and cap on damages as other personal injury related claims under the Civil Liability Act 2003 (Qld);

• Workers will be required to prove that the employer was at fault for causing the injury and will not be entitled to damages for injuries suffered in the workplace as of right; and

• There will be an increase in the average premium rate and employer excess.

On 13 April 2010 the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill was introduced into Parliament by the Attorney-General, Cameron Dick.

The impact of the Bill is significant in the criminal jurisdiction on two basis:-

1.  It removes the right to trial by jury; and

2.  It removes the right to cross-examine at committal.

Specifically, the Bill creates a new category of indictable offences in the Criminal Code which must be dealt with by Magistrates Courts unless a Magistrate is not able to adequately sentence the person or, recognising the importance of jury trials, is satisfied, on application by the defendant, that exceptional circumstances justify why the matter should not be dealt with summarily.

The new category will encompass all indictable offences in the Criminal Code with a maximum penalty of three years or less.  Other property offences such as stealing, which have a maximum penalty above three years imprisonment, must also be dealt with on a summary basis, if the value of the property is less than $30,000.00 subject to some exceptions.

The Attorney-General on the second reading of the Bill indicated that the Government will continue to monitor the expanded jurisdiction and if considered a success will increase the summary jurisdiction of Magistrates further.

The Bill amends the Drugs Misuse Act 1986 by expanding the prosecution's current election to have matters dealt with by Magistrates Courts.  This expansion will apply to offences for possession of a dangerous drug which attracts a maximum penalty of 15 years imprisonment.  This election will only apply in circumstances where the offence does not involve a commercial purpose.  This would seem to be a sensible approach and will stop the needless referral of minor matters to the Supreme Court.

The amendments to the committal process are also concerning.  The committal process is often used to help clarify issues, refine charges, negotiate pleas and identify weak cases.  The amendments will restrict the calling and cross-examination of prosecution witnesses unless the prosecution consents or the Magistrate is satisfied that there are substantial reasons, in the interests of justice, why such witnesses should be called.

Such a move will have a significant impact upon the conduct of criminal trials in the District Court in that the evidence is untested and the opportunity for a timely disposition of the matter will be now lost.

The amendments are based substantially on the New South Wales legislation.

It is anticipated that the amendments will take effect by the middle of the year.  It will be important that people seeking representation obtain the services of an experienced criminal practitioner who is familiar with the amendments and are able to properly represent their best interests.

If you require any further information in relation to criminal law matters, please contact Michael Gatenby of our office.

The Federal Government is introducing a new national personal property securities regime.  The purpose of the regime is to improve the ability of individuals and businesses to employ all their property in raising capital through the use of a National securities register.

Over 2010 the Federal Government will work with the Insolvency and Trustee Service Australia to implement the regime, set up the National Register and establish the Customer Contact Centre.  The new regime will begin operating in May 2011.