Revenge porn is a particularly insidious type of harassment where an ex-partner publishes sexually explicit images of a former flame online without their consent.  Unfortunately, because this is a relatively new crime there isn’t an Australia-wide law to deter offenders, but there are still other options for victims to pursue.

Copyright Takedowns

If your sexually explicit image is a selfie, then you own it, and this means that you can request that online publisher remove it from their sites. This process is called a “DMCA takedown”. There are many providers who offer this service, and a quick Google search will set you on the right path.

Google It

The search engine giant has recently announced that it is taking a progressive approach to the problem of revenge porn. 

In June 2015, the Senior Vice-President of Google Search declared, “Revenge porn images are intensely personal and emotionally damaging, and serve only to degrade the victims — predominantly women. So going forward, we’ll honour requests from people to remove nude or sexually explicit images shared without their consent from Google Search results”. 

Since then, the search engine has streamlined it’s reporting platforms to accomodate the massive number of requests it receives every day. Google’s removal process starts with this online form.

Seek Legal Help

While Australia does not have federal laws specifically relating to revenge porn, there may be other legal avenues you can take. Online harassment and defamation are both crimes that posts made about you may fall into – so it’s worth getting a lawyer to explain what you need to prove if you want to pursue legal action against the person who is distributing your explicit pictures.

If you’ve ever had a serious, long-term relationship, you’ll know how deeply intertwined lives can become – which is why a separation often makes for a difficult, painful, and volatile experience.  Like any situation, though, you can take steps to mitigate your hardship.  What follows is a guide to solving the pressing, but easily avoided problems that can arise in any separation.

1. Contact Your Bank

A breakup almost inevitably means financial stress.  Joint bank accounts, joint credit cards, joint home loans.  All these things can compound your suffering at a time when former partners can do things that are otherwise totally out of character, like withdrawing large sums of money from a joint account or using the credit card recklessly. 

The best thing to do is to contact your financial institution and inform them of your situation.  This way, they’ll alert you to any suspicious behaviour by your ex-partner.

2. Change Your Passwords

If the breakup was not on good terms, you should consider changing the passwords to your online banking and social media accounts.  A spurned partner can be vindictive, so this is a critical step towards ensuring your peace of mind. 

3. Update Wills & Other Legal Documents

If you have a will, it is vital that you update it as soon as possible after a separation.  Otherwise, your former partner is still entitled to whatever property you have left them under your old will.  If you’ve had a will drafted by a law firm, let them know that you will need to make changes to it.  You won’t necessarily need an entirely new will – your firm may simply delete clauses and insert new ones, so this needn’t be a costly endeavour.

The other major document that you may need to revoke is an Enduring Power of Attorney (EPOA).  If you and your ex-partner are each other’s Attorneys, then you will need to tell the law firm that drafted the documents that you need to revoke them.  Do this ASAP, because while the EPOA is still in place, your partner can sign legally binding documents on your behalf.

There is a myriad of different concerns to bear in mind during a separation, but these are a few of the most important.  If you’re unsure about your next step is, seek legal advice – it can be the difference between a relatively painless breakup and a whirlwind of heartache.

Embattled politicians, disgruntled ex-spouses and badly reviewed builders are just some of the Queenslanders who have successfully taken their detractors to court for Facebook defamation in the last 12 months.

In the age of social media, when hitting enter can end up costing you tens of thousands of dollars, it’s more important than ever to know where you stand when it comes to defamation law.

To help you protect yourself from both defaming and being defamed, we’ve put together this blog answering the top questions people ask our defamation hotline.

1. Are private posts or messages classed as defamation?

Yes, they can be!

If you communicate a defamatory message – something that a reasonable member of the community would say is damaging to another’s reputation – you may be liable, regardless of whether that communication is sent to one or ten people.

Most people don’t realise that they may be defaming someone simply by spreading defamatory words or pictures in private posts or even instant messages between them and another person.

2. Can I be sued for something I said on Facebook years ago?

Probably not.

Complainants have one year from the date of publication of the defamatory material to take the matter to court.

The person who is defamed may apply for an extension of this time limit if they can show the Court “that it was not reasonable in the circumstances to commence action in time” but this can’t extend for more than three years from the date of publication.

3. If what I said is true, can I still be sued for defamation?

Truth is a defence. However, it is up to the person who is being sued to prove that their statements were true.

So, while you’re within your rights to publish the truth, you had better have the evidence to back your claims up!

4. Can a bad review of a business be classed as defamation?

Yes! If you’ve spread information that will damage the reputation of the following entities you may be liable:

  • A living person
  • A not-for-profit corporation
  • A corporation which employs fewer than 10 persons and which is not related to another corporation

If you’d like to discuss a potential defamation case with a legal professional, call 3607 3274 today for an obligation-free appointment with one of our lawyers. Or, for more information about defamation law in Queensland check out the Act

The tiny house movement is rapidly gathering momentum. Reduced bills, small to no mortgage payments, and a simpler way of life are all major draw cards of extreme downsizing.

Before you start building, the one thing you must know is where you’re going to put your tiny house as different laws apply to different locations.

Here’s a breakdown of the three placement options, and which rules apply to each:

1.Setting Up In A Backyard

A tiny house on the same lot as a ‘main dwelling’ can be classified as a granny flat. Granny flats have their own size and structure regulations (set by the local council).

While you’ll need to get a granny flat approved by a private certifier, you won’t necessarily have to get council approval, which is a huge advantage of choosing this option.

Just be careful that the combined number of occupants in the tiny house and main property doesn’t exceed the local council’s limits. In Brisbane, for example, only five unrelated people are allowed to dwell on the same lot!

2. Using A Vacant Lot

If you build your tiny house on a vacant lot, you’ll need to have your construction approved by the local council. This means you’ll have to conform to the building codes that apply to regular houses including minimum sizes, smoke alarm rules, plumbing and electrical standards and more.

You can find these codes the Building Act of 1975, or, better yet, get a lawyer to inform and review your plans.

3. Tiny Houses on Wheels

Many tiny house enthusiasts build their homes on wheels, so that they can vacate the jurisdiction of city and town planning authorities at a moment’s notice.

The catch is, of course, that once your home has wheels it is no longer a “permanent structure” and instead is classified as a caravan or light truck.

No matter where you roam in Australia, you’ll need to comply with the Motor Vehicle Standards Act 1989.

In addition to this, you’ll need to comply with state laws relating to movable dwellings. In Queensland, these include the Residential Tenancies and Rooming Accommodation Act 2008 and the Transport Operations (Road Use Management) Act 1995.

You’ll save time and money in the long run if you seek legal advice before you build and ensure your home is the right shape, size and weight and that you’re meeting safety requirements (e.g., fire extinguisher installation).

Vendor – Why is the business being sold?
Costs – What variable and fixed costs will there be?
Profits – Do previous financial statements show that the business is profitable?
Assets – What assets are owned by the business?
Liabilities – Does the business have any outstanding or substantial debts?
Tax – Always ensure that GST, Capital Gains Tax, and stamp duty implications are in the equation when drafting a business plan
History – What has and hasn’t worked in the business in the past?

Purchasing a business is a far more complex and serious transaction than most others, a small or careless decision can leave you financially damaged. Luckily the skilled team at Phoenix Law can advise you throughout and ensure that you avoid common mistakes.

Before deciding whether to commence legal action, you must identify your ideal outcome, whether it be compensation, reinstatement of a job or just an acknowledgement of fault. Our lawyers will use this information to determine whether a court could in fact help you achieve your desired outcome.

The next important consideration is whether there is a case to answer for and if you have a cause of action. A cause of action is a legal framework that gives rise to entitlement for you to take action. For example, a negligence claim has 3 separate elements to be satisfied, and if but one element cannot be satisfied your claim will not go ahead.

Finally there must be sufficient evidence to support your claim. Your word against theirs will not be satisfactory so you must ensure that there is enough admissible evidence for the court to assess.
If court is not for you, feel free to ask us about the wealth of alternatives to court.

If you die in Queensland without a will the state deems you to have died ‘intestate’.

Queensland intestate laws govern the distribution of your estate among next of kin, including your spouse and children, some provisions (in the absence of next of kin) also include parents, siblings, nieces, nephews, grandparents, uncles, aunts and cousins. Relatives any more remote than first cousins are not included, most notable exceptions include in-laws (parents, brothers, sisters) and step-parents.

To ensure that the distribution of your estate is most in line with your wishes is to write an up to date and valid will.

Most immediate family members (or dependent relatives) can be included in your application, however there are a number of requirements before the application can be lodged.

They must meet the Australian Government’s requirements to be considered ‘family’ and include documentation to support your relationship.

Family members will need to meet the same health and character requirements as you as well as to show that their financial support matches yours. Lastly, Sponsors for subclass 457 applications will also need to consent in writing to include your family members as secondary sponsored persons. More information can be found on the department of Immigration website and in our office from a skilled team of solicitors and registered migration agents.

The short answer to this is no. All employers are required by law to pay compulsory workers compensation insurance, so any compensation paid to you will come from your employer’s insurance company.

There are a number of laws in place to protect you from being laid off simply for making a claim. However, employers are well within their rights to end your employment if your illness or injuries prevent you from performing your prescribed duties, if this is the case our team will assist you with seeking common law damages to account for lost future earnings.