Processes and requirements may vary between each matter, but there is an underlying commonality that links everything together – the terms used.
For anyone with a first time offence or limited exposure to the judicial system, it can feel like information overload and trying to remember what every term means only adds to the stress. We’ve put together a list of the common legal terms you’ll most likely come across through the process, along with what each of them means.
Please feel free to bookmark this page for quick reference!
“associate” in reference to a solicitor means:
“associated entity” means an entity that is not part of the law practice but which provides legal or administrative services to a law practice, including but not limited to:
“Australian legal practitioner” means an Australian lawyer who holds or is taken to hold an Australian practising certificate.
“Australian practising certificate” means a current practising certificate granted under the legal profession legislation of any Australian jurisdiction.
“Australian-registered foreign lawyer” has the same meaning as set out in legal profession legislation.
“Australian roll” means a roll of practitioners maintained under the legal profession legislation of any Australian jurisdiction.
“Authorised Deposit-taking Institution” has the same meaning as an Authorised Deposittaking Institution within the meaning of the Banking Act 1959 (Cth).
“Blood Alcohol Concentration” (BAC) is the volume of alcohol in your blood, and is measured as a percentage of alcohol in 100ml of blood.
“barrister” means an Australian legal practitioner whose Australian practising certificate is subject to a condition that the holder is authorised to engage in legal practice as or in the manner of a barrister only.
“client” with respect to the solicitor or the solicitor’s law practice means a person (not an instructing solicitor) for whom the solicitor is engaged to provide legal services for a matter.
“client documents” means documents to which a client is entitled.
“compromise” includes any form of settlement of a case, whether pursuant to a formal offer under the rules or procedure of a court, or otherwise.
“corporate solicitor” means an Australian legal practitioner who engages in legal practice only in the capacity of an in-house lawyer for his or her employer or a related entity.
“costs” includes disbursements.
“current proceedings” means proceedings which have not been determined, including proceedings in which there is still the real possibility of an appeal or other challenge to a decision being filed, heard or decided.
“discrimination” means discrimination that is unlawful under the applicable state, territory or federal anti-discrimination or human rights legislation.
“disqualified person” means any of the following persons whether the thing that has happened to the person happened before or after the commencement of this definition:
“drink driving” means to be under the influence of alcohol at the time of operating a motor vehicle. Offences are split into three categories with range for each category:
“drive under influence” commonly referred to as “DUI” and/or “DWI“ means to drive under the influence of:
“driving UIL” is another term used for a drink driving offence – see “drink driving“
“engagement” means the appointment of a solicitor or of a solicitor’s law practice to provide legal services for a matter.
“employee” means a person who is employed or under a contract of service or contract for services in or by an entity whether or not:
“employer” in relation to a corporate solicitor means a person or body (not being another solicitor or a law practice) who or which employs the solicitor whether or not the person or body pays or contributes to the solicitor’s salary.
“failure to provide sample” means the person has been unable and/or refused a lawful request to provide a breath or saliva specimen. The penalty is equivalent to a high range drink drive offence (see: “drink driving“ for range) and can result in:
“former client” for the purposes of Rule 10.1, may include a person or entity that has previously instructed:
“immediate family” means the spouse (which expression may include a de facto spouse or partner of the same sex), or a child, grandchild, sibling, parent or grandparent of a solicitor.
“instructing solicitor” means a solicitor or law practice who engages another solicitor to provide legal services for a client for a matter.
“insurance company” includes any entity, whether statutory or otherwise, which indemnifies persons against civil claims.
“interlock” is the colloquial term for “Alcohol Ignition Interlock Program” applies to drivers who are convicted of high-risk drink driving offences. Participate in the interlock program is mandatory if you commit, and are convicted, of any of the following offences:
“law practice” means:
“legal costs” means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including disbursements but not including interest.
“legal profession legislation” means a law of a State or Territory that regulates legal practice and the provision of legal services.
“legal services” means work done, or business transacted, in the ordinary course of legal practice.
“managed investment scheme” has the same meaning as in Chapter 5C of the Corporations Act 2001 (Cth).
“matter” means any legal service the subject of an engagement or required to be provided by the solicitor or the solicitor’s law practice to fulfil an engagement and includes services provided for:
“multi-disciplinary partnership” means:
“order” includes a judgment, decision or determination.
“party” includes each one of the persons or corporations who or which is jointly a party to any matter.
“practitioner” means a person or law practice entitled to practise the profession of law.
“principal” means a solicitor who is the holder of a principal practising certificate, within the meaning of legal profession legislation.
“professional misconduct” includes:
“prosecutor” means a solicitor who appears for the complainant or Crown in criminal proceedings.
“Queensland Traffic Offenders Program” commonly shortened to the acronym “QTOP” means the leading online and in-person training program for traffic offenders to undertake remedial learning, and may form part of a submission to a Magistrate in a clients’ defence to demonstrate a proactive approach to driver rehabilitation.
“regulatory authority” means an entity identified in legal profession legislation which has responsibility for regulating the activities of solicitors in that jurisdiction.
“serious criminal offence” means an offence that is:
“sexual harassment” means harassment that is unlawful under the applicable state, territory or federal anti-discrimination or human rights legislation.
“Special Hardship Order” or ‘SHO’ is a court order that allows you to continue to drive on your Queensland (Qld) driver licence under stated restrictions. These restrictions will include (but are not limited to) the following:
“SPER” is the acronym for “State Penalties Enforcement Agency, a division of the Queensland Revenue Office and under the management of Queensland Treasury, is responsible for the collection and enforcement of unpaid:
“substantial benefit” means a benefit which has a substantial value relative to the financial resources and assets of the person intending to bestow the benefit.
“trustee company” is as defined in relevant jurisdictional legislation: the Trustee Companies Act 1964 (NSW), the Trustee Companies Act 1968 (QLD), the Trustee Companies Act 1984 (VIC), the Trustee Companies Act 1988 (SA), the Trustee Companies Act 1953 (TAS), the Trustee Companies Act 1987 (WA) and the Trustee Companies Act 1947 (ACT).
“unsatisfactory professional conduct” includes conduct of an Australian legal practitioner occurring in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent Australian legal practitioner.
“workplace bullying” means bullying that is unlawful under the applicable state or territory anti discrimination or human rights legislation. If no such legislative definition exists, it is conduct within the definition relied upon by the Australian Human Rights Commission to mean workplace bullying. In general terms it includes the repeated less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice. It includes behaviour that could be expected to intimidate, offend, degrade or humiliate.
If you have decided to plead guilty, you may be wondering if there is any point to hiring a lawyer. There can be serious consequences for a guilty charge and it pays to have an experienced lawyer on your side, guiding you through the process and working to ensure that your penalty places as little impact on your future as possible.
If you’ve never faced a drink driving or drug driving charge before, it’s unlikely you’ll have an in-depth understanding of how court proceedings run and the possible penalties you are facing. A lawyer can explain the entire process to you and can lodge the necessary paperwork to help you obtain a work or hardship licence. If this is not the first time you’ve been charged with this type of offence, it’s highly recommended that you have legal representation to reduce the chances of you receiving a serious penalty such as jail time. A lawyer can advise you of the steps you should be taking before the court to show the magistrate that you understand the severity of your charge and are being proactive about making improvements.
The key to minimising the repercussions of your charge is being prepared. You may think pleading guilty means turning up to court, everything will be over quickly and you can get on with your life, but often it’s not that simple. Depending on the severity of your offence, you could be facing long-term consequences such as not being able to travel overseas or find employment if a conviction is recorded. A lawyer can help you get prepared and put your best foot forward on the day.
The reality is if you have been charged with a drink or drug driving offence in Queensland, you will lose your licence and receive a fine at the minimum. A lawyer works in your best interests to present you to the court in a positive light. They can explain the circumstances which led up to the event and can notify the magistrate of character references that vouch for your otherwise good behaviour. This can lead to a lesser penalty and increase your chances of being granted a restricted licence if you need one.
If you have been charged with multiple offences and are pleading guilty in the hopes of receiving a lighter sentence, you may receive a harsher penalty than you actually should. The police might not have enough evidence to prove you guilty for some of the charges so you may not have to plead guilty. Your lawyer can negotiate with police and upon reviewing your file, find potential flaws in the evidence. Not having legal representation can see you potentially miss out on reducing or dismissing some of your charges. The fewer charges you have the better as a criminal record can be detrimental to your future. Why risk it?
You have sought legal advice and your lawyer has obtained the police version of events. This will be presented to the magistrate. If you plead guilty, you are agreeing to the information noted in this. If you don’t agree with all the details mentioned, you need to advise your lawyer of this as soon as you can. Your lawyer can speak on your behalf.
Drink and drug driving charges are considered serious in Australia and the courts take a tough stance on such offences. There are very few circumstances where a not-guilty plea will be considered. Some instances may include:
For most people, pleading not guilty does not benefit them, if anything it sees them receive a harsher penalty for not taking responsibility. If you believe you have a strong case to plead not guilty, you must have legal representation. They can argue your case to increase your chances of receiving an outcome you are happy with.
If you have been charged with a drunk or drug driving charge, it’s a good idea to seek legal advice to ensure you receive the best possible outcome and to reduce the long-term consequences. Contact the experts here at Donnelly Law Group today to discuss your options – we’re here to help, and we care.
Going to court for the first time can be daunting. Unless you have been to the Brisbane Magistrate Court before or know someone who has, you’ll most likely have no idea what to expect, where to go or what to do. The thought of the unknown is what many find so nerve-wracking.
Hiring an experienced traffic lawyer can make this process much less scary. They can walk you through the process and guide you on the steps you should be taking and when. More often than not, those who have legal representation for their drink driving charge will receive a lesser penalty.
You’ll find the Brisbane Magistrates Court at 363 George Street. You mustn’t confuse this court with another Magistrate Court located on Roma Street – this location does not handle traffic matters.
Always arrive at court well before your scheduled court hearing. Once you have entered the Brisbane Magistrates Court, you will then need to go through the security checkpoint. Once through this, you’ll see a series of noticeboards. They will list where your matter is to be heard. You should then go to your designated courtroom.
Once you have arrived, the Police Prosecutor will typically ask whether you are pleading guilty, not guilty, or requesting for your matter to be adjourned. They will give what’s known as a QP9 document, and that will outline the alleged charges against you and other supporting documentation. While waiting, it’s a good idea to read the information listed in your QP9 document. If there’s anything documented that you believe is incorrect, you need to alert the Police Prosecutor to this,
Court commences once the Magistrate arrives. You’ll be required to stand when the ‘all rise’ call is made. You can then sit down again after Magistrate has taken their seat.
There is no set time that your hearing will be dealt with when going to court for a drink driving matter, you’ll be required to arrive as soon as the court opens, typically at 9 am and then it could be hours before your matter is heard. In most instances, those who have legal representation will be heard first. People seeking an adjournment will normally go next, and those pleading guilty will go last.
When your matter is called, you’ll need to get up and go to the table where the Police Prosecutor is. You’ll stand to the left; the Magistrate will ask you what you are pleading. You can then tell the Magistrate your decision, ensuring you address the Magistrate as “Your Honour”. They will confirm your plea and then request you sit down.
The Police Prosecutor will give the Magistrate a quick recap of the details outlined in the QP9 along with your breath analyst reading and traffic history. The Magistrate will then look at these documents and may or may not ask you questions relating to this. You will then be given the opportunity to supply the Magistrate with character references if you have them and explain the situation if you choose to.
After this, the Magistrate will normally notify you of your penalty for committing your drink driving offence. At a minimum, this will include a monetary fine and disqualification period. The Police Prosecutor will then ask for your driver’s licence which you must surrender. If you don’t have it on you, you must hand it in at Queensland Transport no later than a day after your licence has been disqualified in court. After this, you’ll be permitted to leave the court. Remember that you won’t be able to drive home from the court if your licence has been disqualified, so you’ll need to make alternative arrangements.
Failing to attend court on the date that is recorded on your Notice to Appear may result in a warrant being issued for your arrest and additional charges being laid. If you cannot attend court, you should seek advice from a legal professional as soon as you can.
You don’t have to hire a drink driving lawyer to represent you however, there are several benefits to doing so, such as:
Here at Donnelly Law Group, we know Brisbane Magistrate Court well and we have years of experience representing those with traffic charges, drink driving included right across Brisbane, the Gold Coast, and South-East Queensland.
If you are facing a drink driving charge, don’t go at it alone. Queensland takes a no-nonsense approach to such charges, and the consequences can be serious. Don’t risk your future. Contact our expert team today. We offer free case reviews and can advise you of your options.