John Willett Lawyer in Maryborough, Queensland | Lawyer & law firm

John Willett Lawyer

Locality: Maryborough, Queensland

Phone: +61 7 4191 6470

Address: 134 Wharf Street 4650 Maryborough, QLD, Australia

Website: http://www.johnwillettlawyers.com/

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25.01.2022 $6,672.50 IN FINES FOR BREACH OF COVID-19 DIRECTION Five People have received in excess of $6,500.00 worth of fines overnight for breaching COVID-19 health directions at a room at a hotel on the Sunshine Coast where a party allegedly took place. Acting Police Superintendent Jason Overland reportedly said these young people claim to have no knowledge of the pandemic or the directions to maintain social distancing and described their behaviour as irresponsible, w...ilful and reckless in failing to abide by the directions. These fines have been issued following 58 fines being issued to a number of drivers and passengers who attended a car meet up at Rochdale last Saturday night for failing to comply with COVID-19 health directions. Police reported approximately 150 cars and a large number of people were gathering at a carpark before many attempted to flee upon multiple police units responding. ABC

25.01.2022 CO-PARENTING AFTER SEPARATION After parents separate, children have the right to enjoy a meaningful relationship with both parents providing that they are not exposed or subjected to harm from abuse, neglect or family violence. In amicable situations where there is no power imbalance, domestic violence or other risk issues present, the first step to determining how childrens’ best interests will be met is often for parents to talk between themselves to reach an agreem...ent which can then be made into a parenting plan or parenting order of the Court, depending on the circumstances. If a dispute arises and a co-parenting agreement can not be reached, Family Dispute Resolution Conferencing is a great way to get things back on track as there is an impartial third party involved to help the parents to try to reach an agreement. If you find yourself in this situation, I would strongly urge you to talk to a Family Law Lawyer who is experienced in acting for parties in parenting disputes so they can offer you tailored legal advice taking into account your views regarding your childrens’ best interests post separation.

23.01.2022 Have a great Easter everyone!

23.01.2022 Across the nation, it is reported that approximately 1300 guns are reported stolen annually. This article suggests seven hundred of those are from Queensland with less than 25% being recovered.

21.01.2022 Hello everyone, Entries for our Nintendo Switch competition will close at 5:00pm sharp tomorrow and the competition winner will be announced sometime after 8:00pm tomorrow evening. Remember you must be a like-er of the John Willett Lawyer page to have your entry counted. We have noticed some people entering who do not like the page therefore we ask all entrants to check that they have liked the page! Best of luck everybody!

20.01.2022 COURT UPDATE As many of you know from my last post, Courts have had to drastically change the way they operate during the COVID-19 pandemic. A number of Court matters over the last two (2) months were heard or dealt with by electronic means or were adjourned administratively to be determined at a future time. From 15 June 2020, all applications, trials, committal hearings and sentences will proceed in the Magistrates Court of QLD with both parties and legal representat...ives to be present in Court but with social distancing measures to remain in force, unless leave to appear by electronic means has been granted. In the District Court of Queensland and the Supreme Court of Queensland, it is anticipated that Jury trials will recommence in the second half of the year and listings will gradually increase thereafter with certain precautions being taken. One Judge has been appointed to preside over Jury trials in the District Court Of Queensland commencing in the week of 22 June 2020 in Brisbane. I will continue to keep you all updated as more information is made available to me.

20.01.2022 COURT HANDS OUT $53,000.00 IN FINES FOR FISHERIES OFFENCES Two offenders have recently been fined $53,000.00 by the Magistrates Court Of Queensland for a number of fisheries offences. A search warrant was executed last year which located:-... * 26 blue swimmer crab claws; * 43 female blue swimmer crabs; * 64 undersized blue swimmer crabs; * 9 female mud crabs; * 4 undersized mud crabs; * 3 undersized bream; * 1 undersized sand whiting; and * 4 commercial fishing nets. The offenders were also found guilty of obstructing a fisheries officer (which currently has a maximum fine of $133,450.00 on its own) by attempting to conceal the illegal product. One of the offenders had previously been issued with 9 infringement notices on 3 seperate occasions. On 1 September 2019, substantial changes were made in relation to size and possession limits of regulated fish (including crabs) in Qld. Failure to abide by the current regulations could result in prosecution proceedings in Court whereby significant monetary penalties and forfeiture of equipment are all possible outcomes upon conviction. fisheriesqld

19.01.2022 Across the nation, it is reported that approximately 1300 guns are reported stolen annually. This article suggests seven hundred of those are from Queensland with less than 25% being recovered.

18.01.2022 110 YEARS APART - THE BARRISTERS WALK, QUEENS PARK Recently looking back through some old photos of Maryborough, I found this one labeled The Barristers Walk, Queens Park Maryborough posted by Vintage Queensland - said to be possibly circa 1910. The photo looks along the side of the Courthouse towards Court room No2 from the Richmond street entrance to Queens Park. I have spent countless hours in and around this Court building over the last decade and it’s incredible to see the similarities which exist even though more than a century has passed. We are lucky to have buildings and parks like these in Maryborough.

18.01.2022 $6,672.50 IN FINES FOR BREACH OF COVID-19 DIRECTION Five People have received in excess of $6,500.00 worth of fines overnight for breaching COVID-19 health directions at a room at a hotel on the Sunshine Coast where a party allegedly took place. Acting Police Superintendent Jason Overland reportedly said these young people claim to have no knowledge of the pandemic or the directions to maintain social distancing and described their behaviour as irresponsible, w...ilful and reckless in failing to abide by the directions. These fines have been issued following 58 fines being issued to a number of drivers and passengers who attended a car meet up at Rochdale last Saturday night for failing to comply with COVID-19 health directions. Police reported approximately 150 cars and a large number of people were gathering at a carpark before many attempted to flee upon multiple police units responding. ABC

17.01.2022 DRINK/DRUG DRIVING WORK LICENCE (QLD) Many people who consult me charged with a drink or drug driving offence in QLD presume it is almost a given that the Court will give them a work licence upon pleading guilty. This is incorrect. There are a number of strict guidelines which must be met for a person to be eligible to even apply for a work licence. In addition to this, the legislation requires that for an applicant to be successful, they must show that not only wi...ll they or their family suffer extreme financial hardship if the application is refused, but also that they are a fit and proper person to be issued with a restricted (work) licence having regard to the safety of other road users and the public generally. Many applicants are wholly unaware of the fit and proper person threshold which must be met before a restricted licence can be granted. If not properly addressed, the application risks failure which could cause severe flow on effects for the applicant when the licence disqualification takes effect. Matters relating to the applicant’s character, past traffic and criminal history and attitude towards responsibility are some of the matters the court will take into account in deciding whether a person is a fit and proper person. Any indiscretions of character, history or in their attitude towards responsibility will need to be comprehensively addressed in detailed affidavit material. Navigating this area of law can be a nightmare for the ill equipped. If you find yourself needing a restricted work licence for any reason, I would strongly encourage you to take advice from or retain a legal representative who has had extensive experience in running these applications successfully before the court. NB- this is educational information only and should not be taken as legal advice. I strongly encourage you to obtain legal advice from a suitably qualified expert in relation these types of matters due to their complexity.

17.01.2022 PANDEMIC SEES HUGE INCREASE IN URGENT FAMILY LAW CASES In a recent interview with ABC, the Chief Justice of the Federal Circuit Court of Australia and the Family Court of Australia reported that these Courts had experienced an increase in urgent family law applications at a rate of 70% and almost 200% respectively in both Courts between March and July this year. His Honour discussed the pandemic and issues of family violence, difficulties associated with childre...n being at home in shared parenting arrangements and how the Court has changed the way it operates to ensure parties to family law cases continue to have access to justice during the pandemic. The Chief Justice also touched upon the lighthouse project which is a pilot program being adopted in high risk parenting matters before the Court in Brisbane, Parramatta and Adelaide. Family law applications for both parenting orders and property settlement continue to be listed and heard by the Court despite the recent spike in cases. The Court has released a guide titled Information for parents - questions and answers which can be found here for those interested - http://www.federalcircuitcourt.gov.au//ab/covid/covid-faq/ Federal Circuit Court of Australia AM with Sabra Lane & The Honourable Chief Justice of the Family Court and Federal Circuit Court, Will Alstergren, ABC Radio

16.01.2022 As a matter of interest, I have been operating my firm almost as if it was a virtual office since Monday 16 March 2020. We remain fully operational but have changed some of our processes to limit the face to face contact we have with people on a day to day basis in light of the evolving COVID-19 situation. As our office reception is now closed to the general public, I kindly ask that all enquires be directed to 41916470 or [email protected] so we can work out h...ow to best assist you taking into account all of your circumstances. As far as I know, I am one of the first professional service businesses on the Fraser Coast to make this transition. In coming to this decision, the welfare of my staff, clients and the wider community was on the forefront of my mind as the number of people infected with COVID-19 in Australia increases. In addition to my usual workload, I spent time this week familiarising myself with the substantial number of changes which have been implemented in relation to the way family law matters are now handled in the Federal Circuit Court of Australia. Significant changes have also now been rolled out in relation to the way criminal, traffic and domestic violence matters are to be conducted in the Magistrates Court of Queensland. Being able to make this transition for the time being means I will likely be able to continue to assist people with their legal matters whilst at the same time engaging in responsible social distancing. I would like to take this opportunity to thank you all for your ongoing support and understanding in implementing some of these changes.

16.01.2022 COMPETITION TIME - WIN A NINTENDO SWITCH! With the Easter school holidays just around the corner, we have decided to give away a brand new Nintendo Switch! To enter, you simply have to:-... 1. Like and share this post; 2. Tag at least 3 people who would love this prize or who have children who would love this prize; and 3. Like this page! The winner will be drawn on the evening of 9 April 2021 and will be announced on the page wall. Conditions of entry include that the winner must be able to personally collect the Nintendo from our office in Wharf St Maryborough and must show photo identification to verify their identity. Best of luck!

15.01.2022 OBSTRUCTION OF FISHERIES INSPECTOR Obstruction of a Fisheries Officer in QLD remains to be one of the most serious offences contained within the Fisheries Act (QLD). A person who obstructs an officer in the exercise of a power faces a fine of up to $133,450.00 unless the person has a reasonable excuse. Recently a Fisherman near Hervey Bay was charged with obstructing an officer when he dumped a bucket overboard before an officer who intercepted him could inspect it. As thi...s occurred, the officer reportedly sighted two undersized yellowfin bream. The Court fined the man $2,600.00 for obstruction, possessing undersized fish and failing to properly mark crab apparatus. Recently Fisheries QLD announced that QBFP officers are still patrolling and fishing rules remain in place. This followed the Minister for Transport Mark Bailey clarifying wide spread confusion amongst fisherman whereby he confirmed that boaties in QLD can continue to take their boat out locally to fish or travel for essential reasons providing social distancing guidelines are met. fisheriesqld

14.01.2022 NOTICE:- Please be advised that a fake page has been set up in the name of John Willett Lawyer following the announcement of our Nintendo competition and is now sending entrants friend requests. Please do NOT accept these requests from this page as these requests are NOT legitimate. Please also report this account to Facebook if you have received a friend request in the hope it can be taken down forthwith. Kind regards, John

13.01.2022 FAMILY LAW - POST SEPARATION PARENTING FACTS After spending yet another day in the Federal Circuit Court of Australia in Brisbane yesterday, I thought I would share some of the findings revealed by the Australian Institute of Families in a recent research study:- - Only 3% of Court Orders stipulate no contact with one parent... - 97% of separated parents come to an arrangement without the intervention of the Court - Many of the matters which come before the Court include issues of child safety, domestic violence or other complex factors; and - A review of Court records suggest that while children spend regular time with their father, they spend the majority of time with their mother (in both court ordered and non-court ordered situations). The study also reveals some very interesting data about how court ordered arrangements relating to how children spend time with/live with the father substantially differ to that which is found within the general separated population. The above is only a brief summary of the article. For anyone interested, the full article can be found at https://aifs.gov.au//parenting-arrangements-after-separati Do these statistics surprise you? Let me know why/why not. Source: Research Summary,Australian Institute of Family Studies, October 2019

11.01.2022 OUT OF CHARACTER BEHAVIOUR People who make a single bad out of character decision and end up in Court charged with an offence often have never encountered the legal system. Experience tells me that these decisions are often exercised when the person is experiencing increased levels of stress or during a period of turmoil in their personal life. The law in Queensland makes specific provision for this type of situation and amongst other things, the Court must tak...e into account the character of the offender and any aggravating or mitigating factor concerning the offender when passing sentence upon them. Experienced lawyers often go to great lengths to prepare the case to address these considerations. I would encourage anybody who finds themselves in this situation to engage a legal representative who has extensive Court experience to ensure the case is thoroughly prepared and the relevant considerations are properly addressed prior to the Court handing down any penalty.

11.01.2022 A Hotel in Roma has been issued with a fine totalling $6672.00 for allegedly failing to comply with COVID-19 health directions after a visit from out of town plain clothes police officers over the weekend. Fines were also reportedly issued to businesses in Injune and Wallumbilla. For those that are interested, the full ABC article can be found below. https://www.abc.net.au//pub-slams-social-distanci/12403858... ABC

11.01.2022 FISHERIES OFFENCES RESULT IN BOAT BEING CRUSHED Three Defendants were recently fined sums of $70,000.00, $30,000.00 & $15,000.00 respectively for their part in a total of 54 offences relating the catching and unlawful sale of redclaw. The Court ordered that a boat, outboard and trailer be forfeited to the state as part of the penalty. The boat was subsequently crushed by the state government to send a message that black market fishing activities will not be tolerated in Q...ueensland. Fisheries offences are treated extremely seriously by the Courts. The maximum penalties for the most serious offences committed against the Fisheries Act (Qld) currently include fines of up to $400,350.00 or 3 years imprisonment. Fisheries QLD

11.01.2022 As a matter of interest, we are located in one of the original brick and plate glass window shops built by Henry Palmer in the 1860’s in Wharf Street. This part of town is particularly rich with history and I am glad to see stories like this being shared.

09.01.2022 OUT OF CHARACTER BEHAVIOUR People who make a single bad out of character decision and end up in Court charged with an offence often have never encountered the legal system. Experience tells me that these decisions are often exercised when the person is experiencing increased levels of stress or during a period of turmoil in their personal life. The law in Queensland makes specific provision for this type of situation and amongst other things, the Court must tak...e into account the character of the offender and any aggravating or mitigating factor concerning the offender when passing sentence upon them. Experienced lawyers often go to great lengths to prepare the case to address these considerations. I would encourage anybody who finds themselves in this situation to engage a legal representative who has extensive Court experience to ensure the case is thoroughly prepared and the relevant considerations are properly addressed prior to the Court handing down any penalty.

08.01.2022 DRINK/DRUG DRIVING WORK LICENCE (QLD) Many people who consult me charged with a drink or drug driving offence in QLD presume it is almost a given that the Court will give them a work licence upon pleading guilty. This is incorrect. There are a number of strict guidelines which must be met for a person to be eligible to even apply for a work licence. In addition to this, the legislation requires that for an applicant to be successful, they must show that not only wi...ll they or their family suffer extreme financial hardship if the application is refused, but also that they are a fit and proper person to be issued with a restricted (work) licence having regard to the safety of other road users and the public generally. Many applicants are wholly unaware of the fit and proper person threshold which must be met before a restricted licence can be granted. If not properly addressed, the application risks failure which could cause severe flow on effects for the applicant when the licence disqualification takes effect. Matters relating to the applicant’s character, past traffic and criminal history and attitude towards responsibility are some of the matters the court will take into account in deciding whether a person is a fit and proper person. Any indiscretions of character, history or in their attitude towards responsibility will need to be comprehensively addressed in detailed affidavit material. Navigating this area of law can be a nightmare for the ill equipped. If you find yourself needing a restricted work licence for any reason, I would strongly encourage you to take advice from or retain a legal representative who has had extensive experience in running these applications successfully before the court. NB- this is educational information only and should not be taken as legal advice. I strongly encourage you to obtain legal advice from a suitably qualified expert in relation these types of matters due to their complexity.

07.01.2022 COURTS RESPOND TO CORONAVIRUS SITUATION Over the last few days, a number of announcements have been made regarding changes to particular Courts in Victoria, New South Wales and the Northern Territory in light of the COVID-19 situation. The Northern Territory announced that it will be suspending a number of its Circuit Court services for its Local Court, effective immediately. In Victoria, all new (not yet listed) jury trials in both the Supreme Court and County Cour...t are suspended from tomorrow until further notice. In NSW, all new jury trials in both the Supreme Court and District Courts are also suspended from tomorrow until the empanelment process can be reviewed and social distancing steps can be taken. On 13 March 2020, it was announced on the QLD Courts website that Queensland’s Courts remain open and are proceeding as normal. It will be interesting to see if this changes in the coming days. The Federal Circuit Court of Australia announced on 10 March 2020 that it is currently monitoring the COVID-19 situation at this stage. It has released a notice to practitioners needing to obtain assistance with their matters in the event they are affected by COVID-19. This situation has unfolded rapidly. It will be interesting to see if further restrictions are imposed by the Courts in the coming weeks/months, particularly in regional areas where people are known to congregate at the Court precinct on particular callover days and particularly in the lead up to winter.

06.01.2022 OBSTRUCTION OF FISHERIES INSPECTOR Obstruction of a Fisheries Officer in QLD remains to be one of the most serious offences contained within the Fisheries Act (QLD). A person who obstructs an officer in the exercise of a power faces a fine of up to $133,450.00 unless the person has a reasonable excuse. Recently a Fisherman near Hervey Bay was charged with obstructing an officer when he dumped a bucket overboard before an officer who intercepted him could inspect it. As thi...s occurred, the officer reportedly sighted two undersized yellowfin bream. The Court fined the man $2,600.00 for obstruction, possessing undersized fish and failing to properly mark crab apparatus. Recently Fisheries QLD announced that QBFP officers are still patrolling and fishing rules remain in place. This followed the Minister for Transport Mark Bailey clarifying wide spread confusion amongst fisherman whereby he confirmed that boaties in QLD can continue to take their boat out locally to fish or travel for essential reasons providing social distancing guidelines are met. fisheriesqld

06.01.2022 I would just like to quickly take this opportunity to wish everyone a merry Christmas and thank you all for your ongoing support throughout the year. I hope you all enjoy your break with family and friends and that 2021 brings each and everyone of you happiness, health and prosperity. The office will now be closed until 11 January 2021 but we can still be contacted at [email protected] for enquires relating to both new and existing matters. Warm regards, John.

05.01.2022 HOW DRUG & ALCOHOL RISKS ARE CONSIDERED IN FAMILY LAW MATTERS In family law matters concerning children, the paramount consideration for the Court in making a parenting order is the child’s best interests. In determining this, the Court will often need to make an assessment as to whether a parent suffers from any substance abuse issues such as drug and alcohol addiction which may place a child at risk. Concerned parents can make an application to the Court for the othe...r parent to be alcohol and/or drug tested. Urine drug analysis tests and blood tests may be of some assistance to the Court as a starting point however hair follicle drug tests (HFDT) and carbohydrate deficient transferrin tests (CDT) are often preferred. This is because the later can allow an assessment to be made as to the level of drug and/or alcohol used by the other parent over a 3 or even 6 month period in certain circumstances. Once the HFDT or CDT results are returned, the concerned parent can then elect to have these results further analysed by a specialist forensic expert witness to make a more accurate assessment as to the level of the other parents usage over a particular period of time. This area is complex and parents are often required to seek out expert evidence from highly specialised medical professionals. I have extensive experience in acting for parents in complex family law matters including where substance abuse concerns have been successfully proven but also defended. If you find yourself in a parenting dispute whereby drug or alcohol related risks are to be considered, please do not hesitate to call me on 41916470 to book an appointment.

04.01.2022 FAMILY LAW - POST SEPARATION PARENTING FACTS After spending yet another day in the Federal Circuit Court of Australia in Brisbane yesterday, I thought I would share some of the findings revealed by the Australian Institute of Families in a recent research study:- - Only 3% of Court Orders stipulate no contact with one parent... - 97% of separated parents come to an arrangement without the intervention of the Court - Many of the matters which come before the Court include issues of child safety, domestic violence or other complex factors; and - A review of Court records suggest that while children spend regular time with their father, they spend the majority of time with their mother (in both court ordered and non-court ordered situations). The study also reveals some very interesting data about how court ordered arrangements relating to how children spend time with/live with the father substantially differ to that which is found within the general separated population. The above is only a brief summary of the article. For anyone interested, the full article can be found at https://aifs.gov.au//parenting-arrangements-after-separati Do these statistics surprise you? Let me know why/why not. Source: Research Summary,Australian Institute of Family Studies, October 2019

03.01.2022 COURTS RESPOND TO CORONAVIRUS SITUATION Over the last few days, a number of announcements have been made regarding changes to particular Courts in Victoria, New South Wales and the Northern Territory in light of the COVID-19 situation. The Northern Territory announced that it will be suspending a number of its Circuit Court services for its Local Court, effective immediately. In Victoria, all new (not yet listed) jury trials in both the Supreme Court and County Cour...t are suspended from tomorrow until further notice. In NSW, all new jury trials in both the Supreme Court and District Courts are also suspended from tomorrow until the empanelment process can be reviewed and social distancing steps can be taken. On 13 March 2020, it was announced on the QLD Courts website that Queensland’s Courts remain open and are proceeding as normal. It will be interesting to see if this changes in the coming days. The Federal Circuit Court of Australia announced on 10 March 2020 that it is currently monitoring the COVID-19 situation at this stage. It has released a notice to practitioners needing to obtain assistance with their matters in the event they are affected by COVID-19. This situation has unfolded rapidly. It will be interesting to see if further restrictions are imposed by the Courts in the coming weeks/months, particularly in regional areas where people are known to congregate at the Court precinct on particular callover days and particularly in the lead up to winter.

03.01.2022 With all of this rain around, it takes me back to a day around 7 years ago when I arrived at Court one morning to find the Richmond Street footpath submerged. Needless to say, Court was cancelled that day. This photo was taken from around that time by a colleague. Who else remembers the 2013 floods in Maryborough?

02.01.2022 COURT UPDATE As many of you know from my last post, Courts have had to drastically change the way they operate during the COVID-19 pandemic. A number of Court matters over the last two (2) months were heard or dealt with by electronic means or were adjourned administratively to be determined at a future time. From 15 June 2020, all applications, trials, committal hearings and sentences will proceed in the Magistrates Court of QLD with both parties and legal representat...ives to be present in Court but with social distancing measures to remain in force, unless leave to appear by electronic means has been granted. In the District Court of Queensland and the Supreme Court of Queensland, it is anticipated that Jury trials will recommence in the second half of the year and listings will gradually increase thereafter with certain precautions being taken. One Judge has been appointed to preside over Jury trials in the District Court Of Queensland commencing in the week of 22 June 2020 in Brisbane. I will continue to keep you all updated as more information is made available to me.

02.01.2022 Good afternoon everybody, As of 5:00pm today, you will not be able to access our office reception area unless organised by prior arrangement. We can be contacted on 41916470. Our office will remain staffed for the rest of the week and we will be here to assist in anyway we can in a way which complies with the latest health directions. Thank you all for your understanding, John.

01.01.2022 COURT HANDS OUT $53,000.00 IN FINES FOR FISHERIES OFFENCES Two offenders have recently been fined $53,000.00 by the Magistrates Court Of Queensland for a number of fisheries offences. A search warrant was executed last year which located:-... * 26 blue swimmer crab claws; * 43 female blue swimmer crabs; * 64 undersized blue swimmer crabs; * 9 female mud crabs; * 4 undersized mud crabs; * 3 undersized bream; * 1 undersized sand whiting; and * 4 commercial fishing nets. The offenders were also found guilty of obstructing a fisheries officer (which currently has a maximum fine of $133,450.00 on its own) by attempting to conceal the illegal product. One of the offenders had previously been issued with 9 infringement notices on 3 seperate occasions. On 1 September 2019, substantial changes were made in relation to size and possession limits of regulated fish (including crabs) in Qld. Failure to abide by the current regulations could result in prosecution proceedings in Court whereby significant monetary penalties and forfeiture of equipment are all possible outcomes upon conviction. fisheriesqld