What is the difference Between Law and Discretion?

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The difference between Law and Discretion can be difficult to grasp. Law is what has been decided in parliament and discretion is what courts decide. For example,  According to s 420 of Police Powers and Responsibility Act  2000 (Qld), there are specific procedure police has to follow when questioning an Aboriginal and Torres Strait Islanders. […]

Can I return my car and get refund?

Vale v Motorworld QLD Pty Ltd [2020] QCAT 23 Complainant purchased a vehicle from dealer and claimed refund after more than 3 months. Member Cranwell states, “The test of whether there is a major failure for the purposes of s 260 and the test for whether goods are of acceptable quality for the purposes of s 54 both adopt […]

Noisy Neighbour?

I was looking for a friend (who lives in Victoria) on how to deal with noisy neighbour! It depends a lot on what action council may or may not take and it was hard to find what could be the possible penalty for being noisy neighbour. Public Health and Wellbeing Act 2008 (Vic) Section 62 […]

Pleading Guilty

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Should consider whether pleading guilty is best option or not and how courts view guilty pleas. It can have serious lifelong consequences.

Solicitors Duty toward Clients

A solicitor has 3 duties toward a client; 1- Act on clients best interest 2- Maintain confidentiality, and 3- Disclose all relevant information to Client Something I learned recently in relation to conflict check and why it is important. 

Handcuffing

Handcuffing In the following mentioned case, unreasonable handcuffing was discussed. it appears that, Police can not handcuff just because a person was arrested.  Kumar v Minister for Immigration, Local Government & Ethnic Affairs (1991) 28 FCR 128 In interpretation, Kyrou J. stated in Slaveski v State of Victoria [2010] VSC 441, “Lockhart J held that […]

Pervert Course of Justice

In R v Danahay [1993] 1 Qd R 271 his honour referred to R v Kellett[1976] Q.B. 372 where Stephenson L.J stated “With this authority in mind we would not consider that the offence of attempting to pervert the course of justice would necessarily be committed by a person who tried to persuade a false […]

Caught with Drugs?

Defence to Drug Offence Most common misunderstanding we have about drug possession charges is that some of us believes that as long as the drug is not mine, I am not doing anything wrong. You need to understand the meaning of “Possession”, you can be in possession of someone else’s belongings. So, if police finds […]