Author Archive

Jodie Mason

Most of us value the reputation that we have built throughout our personal lives and career; it influences the way our peers and the larger community view us and is an important part of the legacy that we leave behind. The purpose of this article is to give an overview of the mechanisms of the defamation laws and the options available to both aggrieved persons and those defending their publications.

Defamation laws provide a framework for people, and in limited circumstances, corporations, to recover damages for unlawful publications that prove to be damaging to their reputation.

In 2006, uniform defamation laws came into effect throughout most of Australia. In Queensland, the
governing legislation is the Defamation Act 2005 (Qld) (“the Act”), which applies to defamatory matter published after 1 January 2006. Early publications will be considered pursuant to the Defamation Act 1899 (Qld).
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Sarah Dennis

The Crime and Misconduct Commission is an independent law enforcement commission set up to combat major crime in Queensland, including among other things, official misconduct in the Queensland public sector.
It does this by receiving and handling complaints and investigating public sector misconduct and corruption, and helping public sector agencies to deal with and prevent misconduct themselves. The CMC is independent of the Government. Under the Crime and Misconduct Act 2001 the Chairperson of the CMC must be a legal practitioner who has served as, or is qualified for appointment as, a judge of the Supreme Court of any state, the High Court or the Federal Court.
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John Formosa

Macrossan & Amiet celebrates and congratulates Partner and well respected local solicitor, colleague and friend, John Formosa, on reaching 25 years as a legal practitioner.
In 1979 John joined Macrossan & Amiet to begin his articled clerkship under the guidance and supervision of KJ Carroll. After five years fulltime work experience whilst completing his studies externally through Queensland Institute of Technology (now known as Queensland University of Technology) to obtain his law degree, on the 25 February 1985 John was admitted as a solicitor.

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Chris Roberts

As one of the newest recruits to the Macrossan & Amiet team, I wish to extend a warm greeting and provide a brief overview about myself.
Having recently been admitted as a legal practitioner, I am now working as a solicitor in the Mackay office and will join the ever-expanding Cannonvale office later this year.
In obtaining my legal qualifications, I completed a Bachelor of Laws at the University of Queensland and went on to complete a Graduate Diploma in Legal Practice at the Australian National University in 2008. However, I was born and bred in Mackay, with strong family connections to the area and having completed my senior schooling at St Patrick’s College in 2001. continue

Georgina Paterson

What is a de facto relationship?

In the relevant legislation the term “de facto partner” is a reference to 1 or 2 persons who are living together as a couple of a genuine domestic basis, but who are not married to each other or related by family.
In determining whether two people are living as a couple on a ‘genuine domestic basis’ regard will be had to:-

• The nature and extent of their common residence (it is important to note here that two persons are not regarded as living together only because they share a common residence);
• The length of their relationship;
• Whether or not a sexual relationship exists or existed;
• The degree of financial dependence or interdependence, and any arrangement for financial support;
• Their ownership, use and acquisition of property;
• The degree of mutual commitment to a shared life, including the care and support of each other
• The care and support of children
• The performance of household tasks
• The reputation and public aspects of their relationship continue

Steven Hayles

The Queensland Government has recently passed new legislation, the Civil Liability and Other Legislation Amendment Act 2010 which amendsthe law relating to claims for personal injury in Queensland.
For those persons who suffer injuries after 1 July 2010, a new increased schedule of monetary amounts for general damages will apply under then Civil Liability Regulation 2003. The new schedule will be subject to annual indexation to ensure that injured Queenslanders will receive a measure of compensation that is in keeping with changes to Queensland’s standard of living over time.

This legislation represents a long over due change as the monetary amounts provided for in the current schedule have not been indexed since their introduction in 2003.
The legislation also provides for those who suffer injuries after 1 July 2010 to claim for the loss of their capacity to provide gratuitous domestic services to other members of their household.

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Kylie Davis

Quite regularly I am asked by clients how the local newspapers are permitted to print the names and particulars of offences of those people who come before the local Court.

The answer is that during “Open Court” proceedings, such as your usual Monday morning weekly call over, Mr Joe Public (including Mr Journalist) is permitted to sit in Court and listen to proceedings as they occur.
The local newspapers have long considered it their duty to report these Open Court proceedings in the newspapers, considering it to be a ‘public service’ and to inform the public of the goings-on in their local area. Many clients have tried on a number of occasions to request the newspapers to leave their name out, however the newspapers refuse to do so.

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Robert Krahe

Setting the Scene

Can a student receiving Youth Allowance claim their costs of study, also referred to as self-education expenses against their assessable income? When you consider that the person in receipt of Youth Allowance is assessed and may pay tax on that income, it would seem arguable, in fairness that they should be permitted to deduct self-education expenses incurred against that tax liability.
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Andrea Green

In a region where development is booming, it is important that the members of the community are aware of their rights to have a say.

You may, for example, see a sign advising that premises are being changed from a hobby shop to a nightclub, or a vacant block to a factory. Well, below is information on how you can effectively and validly have your say…

The development classification Regardless of the scale or type of
change to a premise, it is likely that any change at all will be deemed a “development”.  Planning law is now governed by the newly enacted Sustainable Planning Act 2009 (Qld), which defines development as being “building work” or “material change in use” of a premises, to name a few. In actual fact, building your children a cubby house could classify as a development, so it is important to check with your local authority before you commence any work.
In a general sense, there are five types of “developments”, each having different requirements.
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Francesco Maconi

A Power of Attorney is a formal document, by which one person (the principal) gives another person (the attorney) the authority to act on their behalf.

Powers of Attorneys are relevant to all Australians, particularly the elderly who may need assistance in making their personal or financial decisions. Personal/Health & Financial Matters A principal may create a power of attorney document so someone else can decide over the principal’s personal/health matters or over the principal’s financial matters. Personal/Health matters may include decisions about:

• The location and people with whom the principal lives
• Where the principal studies or works
• Whether to apply for a licence or permit for the principal
• Whether to consent to or refuse health care procedures for the principal.

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