Murray Laws

Murray Laws Murray Laws provides excellence in the provision of all legal services.

Whether it be domestic and family violence, family law, criminal matters or civil matters, we have you covered. Domestic and Family Violence, Family Law, Child Protection, Criminal Law, Civil Law, Property Law, Commercial Law.

24/08/2025

Is it time for an Independent Judicial Commission for Queensland?

In light of the High Court decision:

Queensland v Mr Stradford (a pseudonym)
Commonwealth of Australia v Mr Stradford (a pseudonym)
His Honour Judge Vasta v Mr Stradford (a pseudonym)
[2025] HCA 3

I thought it was time to pull out my old paper and share with everyone. Check out my dissertation posted on my LinkedIn site.

It is time...

21/08/2025

EVERY AUSTRALIAN LEGAL PRACTITIONER NEEDS TO READ THIS!

QCAT's unprecedented decision in Legal Services Commissioner v Murray [2025] QCAT 292 extends the law in ways that, in my view, the legislator never intended, sets a dangerous precedent and the decision must be appealed.

Order one (1) of the decision grants leave to the Legal Services Commissioner to amend their Application. The Commissioner misled the Tribunal by stating an inaccurate date in the Application and throughout their materials.

The Commissioner did not detect this mistake. Justice Williams (or her assistants) detected this error, and during the first moments of the disciplinary hearing, asked Mr Clements (the representative for the Commissioner – a former employee of the Commission) whether he would like to seek leave to amend the materials.

He sought leave and as can be seen from the decision, leave was granted.

Order two (2) of the decision then found me guilty of ‘Professional Misconduct’, the higher of the two (2) misconduct charges allowable pursuant to the Legal Profession Act 2007 (Qld), because a witness, not me, a witness deposed an incorrect date in their affidavit and I was the witnessing officer to that document.

Imagine if every police officer was found liable for an inaccurate or misleading witness statement that they took during an investigation.

Imagine if every JP or Commissioner for Declarations was held liable for any misleading statement within a Statutory Declaration or Affidavit that they witnessed from a stranger, that they had never met, that came to them at the local library or shopping centre where they provide their free services to the community.

This development is extremely dangerous to the administration of justice, particularly for all Australian Legal Practitioners.

Lawyers, Police Officers, Justices of the Peace and Commissioners for Declarations do not have some built in lie detector super power. This decision is, in my view, ludicrous. As a further indication of the Tribunal’s unprofessionalism (if not incompetence) this decision has been published with the wrong name calling me Philip, not Colin.

I will be referring this matter to the Attorney-General, The Honourable Deb Frecklington, who is my local member and a former practitioner in the district in which I work and live, and requesting that her office Appeal this matter immediately on behalf of all Legal Practitioners.

In the meantime, I am asking for all Australian Legal Practitioners to unite and protest this unprecedented development in the law. I do not have the resources nor the skills required to run an Appeal of this nature so I am asking for all practitioners, law societies and justice professionals that may be able to assist me to come forward.

Yours faithfully,
Mr Colin P H Murray.
Legal Practice Director
Murray Laws Pty Ltd

22/01/2023

Thinking of sneaking home from the pub in your car or on your motorcycle? Forget it. Not only is it illegal to drive when over your prescribed alcohol limit, it is extremely dangerous, irresponsible and selfish.

After decades of campaigns warning the public about the dangers of drink driving, the number of people still being caught over the limit is astonishing.

Driving while impaired is not only dangerous to yourself, or anyone else you may happen to have in the vehicle with you, it is dangerous to other road uses, people walking down the footpath, even people sitting in their lounge rooms watching TV or asleep in their own beds. The number of crashes onto footpaths, into shop fronts and into peoples own homes, by out-of-control drink drivers, still continues to astound me! The injuries or deaths you may cause would be life changing, not only for you, but also for the other families and victim’s friends that may be affected.

Driving is one of the most dangerous activities we experience during our lifetime. The road toll in Queensland last year was outrageous and largely preventable. Driving while under the influence of drugs, most particularly alcohol, is just shear stupidity, and yet people still think they can get away with it without consequences.

The Queensland government introduced new laws that came into effect more than a year ago on 10 September 2021. Drivers that commit certain drink driving offences are required to participate in an alcohol ignition interlock program. Previously, anyone convicted of:

• driving under the influence of alcohol;
• driving whilst over the high alcohol limit (BAC of 0.15);
• failing to provide a specimen of breath for analysis;
• dangerous operation of a motor vehicle whilst adversely affected by alcohol; and
• committing 2 or more drink driving offences within 5 years

were required to have an interlock device fitted to any vehicle they wished to operate, including work vehicles, etc,. Now, if you are convicted of driving over the middle alcohol limit (BAC equal to or greater than 0.10) you will be required to participate in the alcohol ignition interlock program.

Offenders are now required to undertake the ‘Performance’ based program, that is, an 8-month learning period and a 4-month performance period, during which time the interlock is monitored. If a person fails to comply with the strict conditions required during the performance period, the performance period recommences and the overall period of the program will be more than 12 months.

Non-compliance with the conditions includes; if the interlock device detects alcohol; or, if you miss a scheduled service of your device.

More importantly, if a person that is convicted of a relevant offence does not complete the interlock program, then they will not be eligible to apply for a driver’s licence for five years.

Further to this, if you are convicted of a drink driving offence, you must also complete a short online drink driving course before being eligible to apply for a new driver’s licence. If you don’t complete the course, you will not be eligible to apply for a driver’s licence for five years.

If you are convicted of two or more drink driving offences, you must complete a repeat drink driving course, which involves six in-person sessions that take at least two hours each.

Exemptions in relation to the repeat drink driving education course are available for people that satisfy certain strict criteria, such as financial hardship.

Speaking of financial hardship, do you have any idea how much the interlock system costs to have fitted to your vehicle, calibrated and regularly serviced? Thousands. That is on top of any fine the court may issue.

Don’t be a fool. Don’t drive under the influence of alcohol and/or other drugs. It is extremely dangerous.

If you have been charged with an offence, Murray Laws offers assistance, including applications for a work licence and applications for certain exemptions.

As always, this article does not purport to provide legal advice nor necessarily represent the views of Murray Laws. It is for general interest and information sharing only.

If you enjoy Murray Laws' posts and find them informative, like and share, do the same on our page, murraylawptyltd where you can view previous articles and visit our website MurrayLaws.com.

24/12/2022

Wishing everyone a happy, healthy and safe festive season. Relax and recharge for the coming year! Best wishes from Murray Laws.

10/09/2022

Have you ever felt that you got less than what you bargained for from your Lawyer?

Often, people enter into arrangements or ‘engagements’ with a lawyer or law firm with high expectations of what the result will be and what the costs of obtaining that result is. Sometimes this is because of the impression that they have formed from their initial interactions with the lawyer or law firm. Other times, it is simply what they have assumed the outcome would be from these interactions without a proper basis for the belief.

The way law firms charge legal fees is governed by the Legal Profession Act 2007 (Qld). Pursuant to section 308 of the Act, clients must be provided with a ‘Disclosure Notice’ outlining the way that the firm charges their fees; the rights and obligations the Parties have; and, the mechanisms for review or for challenging the costs.

The provision is quite extensive and governs many aspects of the engagement from methods of charging, methods of paying, the disbursements the client may be liable for, whether another law practice may need to also be engaged (such as instructing a barrister or Kings Counsel) and the fact that even if costs are awarded to the Party by the Court at the conclusion of the matter, that these costs may not cover the entire bill.

Most costs awarded for the successful Party to litigation usually cover only 65%-70% of the actual costs incurred. These are called Party to Party costs. Even if ‘Indemnity Costs’ are awarded, this usually still only covers 90%-95%. It is very unusual to be awarded indemnity costs and even rarer to be awarded costs covering the total bill.

These cost disclosure agreements can also double as a client engagement agreement pursuant to section 305 of the Act. The engagement agreement covers what legal services it is that the lawyer is being instructed to undertake.

If you dispute a bill from your lawyer or law firm, pursuant to section 332 you may request an itemised account from them. If you are not satisfied with the account you may apply to QCAT or the Supreme Court for a ‘costs assessment’ to be undertaken pursuant to section 335. This must be initiated within 12 months of the bill being issued. If the assessor determines that the bill is 15% or more greater than it should have been, or that the law practice has failed to comply with the Division 3 provisions regarding costs and cost disclosure, it is the law firm that has to pay the cost assessor’s costs.

If you believe that the costs agreement was unfair or unjust from the beginning, you may at any time within six (6) years make an application pursuant to section 328 to have the agreement set aside.

It should be noted, your lawyer does not have to give you all this information if the legal work is going to cost less than $1500.00 (excluding GST).

The supervising body for solicitors in Queensland is the Queensland Law Society (“QLS”); however, the QLS do not directly deal with complaints against lawyers. Complaints are made to the Legal Services Commission (“LSC”). The overwhelming majority of complaints to the Commission are regarding quality or service, costs and communication. Often, simply talking with the lawyer or law firm can resolve perceived grievances and disputes.

Communication is very important and raising issues before making a complaint would be a sensible approach.

As always, this article does not purport to provide legal advice nor necessarily represent the views of Murray Laws. It is for general interest and information sharing only.

If you enjoy Murray Laws' posts and find them informative, like and share, do the same on our page, murraylawptyltd where you can view previous articles and visit our website MurrayLaws.com.

28/08/2022

Can I divorce someone from another country?

Private International Law is a complex area of law with complex rules. Divorcing someone in Australia, where both Parties were born in Australia, both Parties reside in Australia, and the marriage took place in Australia, is easy. My previous article outlines the simplified process and ‘do-it-yourself’ kit that the Federal Circuit and Family Court of Australia (‘FCAFCOA’) provides.

But what if you don’t fit into this category?

Murray Laws was recently contacted by a client wishing to have a marriage annulled. The client was born in country X. She married her husband in Australia. He was also from country X. The client subsequently discovered that the husband was already married to another women from country X, that this previous marriage was performed and registered in country X and that no divorce had taken place prior to her marriage in Australia. The husband was married to two (2) people at once. This is a crime called bigamy and attracts harsh penalties in Australia.

So how does this unfortunate client have her marriage annulled?

The answer is complex. Commencing proceedings in the FCFCOA to have her marriage annulled involves many steps. Firstly, evidence must be produced of the two (2) marriages. This would mean searches and fees to get a copy of both marriage certificates, one from country X (to which she was not a party of the marriage) and one from Australia (to which she was a party of the marriage).

The client would need to provide evidence of her identity, such as her birth certificate.

The client no longer resides in Australia. This creates further complexity.

The husband no longer resides in Australia. This creates the most complex issue of all. To commence proceedings, the husband must be personally served with the application; however, serving documents on a foreign national, in a foreign country, requires special leave, an Application through the Foreign Affairs department, knowing the location of the person being served, regard to all international treaty obligations (or lack thereof) and then paying someone in that country to physically serve the application and supporting documents on the Respondent husband.

What would be a simple process between two (2) Australians married and living in Australia becomes a minefield of statutory provisions, international law and common law principles which may not be shared between the two (2) countries.

The process could be undertaken from Australia, through the Australian Courts; however, my advice to the client would be to have a local law firm in country X undertake the process. With the competing Parties currently residing in country X, being born in country X and the first marriage being performed in country X, a local solicitor would be best suited to undertake the litigation for annulment. It would end up being far less complex and far less expensive for the client.

Murray Laws does not think in ‘billable hours’ and what’s in it for us. Our concern is the best interests of our clients.

As always, this article does not purport to provide legal advice nor necessarily represent the views of Murray Laws. It is for general interest and information sharing only.

If you enjoy Murray Laws' posts and find them informative, like and share, do the same on our page, murraylawptyltd where you can view previous articles and visit our website MurrayLaws.com.

18/08/2022

Do the drug driving laws target a particular group of people?

Okay, before I begin, I will make it clear from the start that I am not going to debate the pro’s and con’s of cannabis, the industrial uses of non-drug cannabis, the use of medicinal cannabis, the use of recreational cannabis or Shiva bringing cannabis down from the Himalayas to enlighten mankind. Those topics would require a series of several articles over several weeks.

What I would like to write about is the current ‘drug driving’ laws that have been added by amendment into the Transport Operations (Road Use Management) Act 1995 (Qld), affectionately known to practitioners as the Toruma.

These laws provide penalties to any driver who is detected as having an illicit drug in their bloodstream.

You may be surprised to know that, like drink driving, you may be arrested for drug driving on private property such as the paddock on your rural property or farm. Yes, that is correct. The case law is very clear. You don’t have to be licenced when driving on your private property. Your vehicle doesn’t have to be registered to drive on your private property; however, the drug and drink driving laws do operate on your own private property.

Driving about high on crack, he**in, speed, ice, ecstasy, GBH, Acid, whatever they call the multitude of illicit pharmaceutical drugs available on the black market, is inherently dangerous; shear stupidity. The drug driving laws were enacted with the noble intention of reducing our ridiculously high road toll, and rightly so.

Driving is the most dangerous activity any young person will engage in. But who do these laws target in reality?

The Commonwealth Government funds the Australian Institute of Health and Welfare. Their website provides:

‘The AIHW is an independent statutory Australian Government agency producing authoritative and accessible information and statistics to inform and support better policy and service delivery decisions, leading to better health and wellbeing for all Australians.

AIHW is focused on turning data into useful information and telling the broader story.

They support the delivery of stronger evidence, better decisions, and improved health and welfare for the citizens of Australia.’

This independent government agency reports that ‘consumption of cannabis in Australia and New Zealand by the adult population in 2019 (12.1%) was higher than the global average.’

• For people aged 14 and over in Australia in 2019, 36% had used cannabis in their lifetime and 11.6% had used cannabis in the prior 12 months.
• The lifetime use of cannabis has increased from 33% in 2001 while recent use of cannabis has decreased from 12.9%.
• Lifetime and recent use of cannabis increased significantly between 2016 and 2019.
• Compared with those in other age groups, people aged 20–29 continue to be the most likely to use cannabis, 29% in 2001…

After the Fitzgerald Inquiry in the late 1980’s, also known as the ‘Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct’, and the tabling of the 630-page report to parliament in July 1989, the Criminal Justice Commission (“CJC”), one of the several forerunners to today’s CCC, issued a Green Paper inviting submissions on Cannabis and the Law. This document provided background information for anyone wishing to provide a submission to the inquiry, and many took up the invitation.

Page 75 provided evidence that ‘those who are more commonly apprehended tend to come from the less privileged social groups – the unemployed and unskilled.’

The Report on Cannabis and the Law in Queensland was tabled in June 1994. It contained some startling revelations including that the Cannabis Laws themselves may in fact be more dangerous to young people than the substance ever could be.

At page 14-15, extensive evidence was provided by Associate Professor Olaf Drummer of the Victorian Institute of Forensic Pathology that seemed to indicate that you were less likely to die in a motor vehicle accident if you smoked cannabis than someone who had no drugs in their system or someone who had any other drugs or alcohol in their system. Some have suggested that this is because you are more paranoid or cautious.

Others have suggested that motor-co-ordination tests conducted under control conditions, demonstrating impaired driving skills, did not take into account that many or most of the test subjects of the study had never smoked cannabis before and were unprepared for the effects.

The Greens (love them or hate them) have recently called for changes to the laws. They pointed out that the effects of cannabis only last for an hour or two but that the roadside testing can detect cannabis in one’s system, several days after consumption. They argue that most people being arrested are not under the influence of cannabis.

The Queensland Police Service (“QPS”) responded by stating that they ‘have a zero tolerance for drug driving’.

The QPS roadside testing does not test for co***ne! Co***ne is known as the playboy’s drug; the drug of choice for the high-fliers, wealthy, movie stars etc. It seems that the government and QPS have a 100% tolerance for co***ne users who drive high.

Just who do the drug driving laws target?

If you have been charged with a drug driving offence, Murray Laws can provide assistance, advice and representation, including applying for a work licence.

As always, this article does not purport to provide legal advice nor necessarily represent the views of Murray Laws. It is for general interest and information sharing only.

If you enjoy Murray Laws' posts and find them informative, like and share, do the same on our page, murraylawptyltd, where you can view previous articles and visit our website MurrayLaws.com.

23/07/2022

How much does a divorce cost?

Getting a divorce in Australia is relatively simple and inexpensive whether you undertake the process yourself or seek the assistance of a lawyer.

The Federal Circuit and Family Court of Australia (FCFCOA) provides a ‘do it yourself kit’ with extensive instructions for you to complete online. An application can be made by one Party (Sole Application) where you are deemed the Applicant and the other Party as the Respondent; or, if you both agree to apply together, you are known as the Applicants.

The most expensive part of the process is usually the filing fee the court charges. This can be $940; however, if you are the holder of a health care card, you may complete an application for fee reduction (also available online) and have the filing fee reduced to $310 for your application.

(Update - The Commonwealth government raised fees as of 1 July 2022 now $330 and $990)

The divorce process requires you to register on the Commonwealth Courts Portal (which sometimes can be a bit tricky and is not always intuitive). This then allows you to eFile your application and the supporting documentation, and to access the Court Orders.

If there are children to the marriage under the age of 18 years, you were not married for more than two (2) years, or the other Party contests the application, you will be required to appear in court when the application is heard. Most applications are conducted online (not in person) and the Parties appear via video link using Microsoft Teams.

Other issues to be aware of are:

being born overseas,
residing overseas,
being married overseas, etc.

Another expenses you may incur include gathering the necessary documentation such as;

Proof of Citizenship,
Birth Certificate,
Marriage Certificate, etc. and,
Service on the other Party (if a Sole Applicant).

Most divorces are relatively simple; however, you should always seek legal advice before proceeding, even if you intend filing the application yourself.

The most important thing to remember is that a Divorce Application is merely the dissolution or ‘ending’ of the marriage. It is not a final resolution to any issues regarding distribution of property of the marriage, spousal maintenance, nor regarding residency of children. These issues require different proceedings and are usually far more complex and can be very expensive if the Parties do not agree to Orders by Consent.

Murray Laws offers a very cost-effective Family Law service. Preparation of applications for most divorces usually involves charging for approximately two (2) hours of our legal services. We assist you with registration on the Commonwealth Courts Portal, and the drafting and filing of all of the necessary documents.

If you enjoy Murray Laws' posts and find them informative, like and share, do the same on our page, murraylawptyltd where you can view previous articles and visit our website MurrayLaws.com.

23/07/2022

How often do you have to make a commercial contract?

The answer is, everyone does, virtually every day. Every time we go to the shop to buy groceries; every time we go to the service station to fill up with fuel; every time we have a beer at the pub; we are entering into a commercial contract, often several times per visit.

The fact is, we are all entering into commercial contracts regularly; however, these everyday transactions have become so common place, so regular in our lives, that we no longer even think about what it is that we are actually doing.

Contracts and making contracts have become such a normal part of our everyday lives that few of us even think about the process anymore and what is actually involved in the contract making process.

Entering into a contract requires a few formal requirements, whether a written contract or verbal contract. The elements are simple. There must be an offer, and acceptance of the offer, and then comes the ‘quid pro quo’ or something for something. Consideration must pass, but that consideration does not necessarily have to be money.

So, when you go to the supermarket and see a packet of chips on the shelf with a price of $3.00 under them, is that an offer? When you pick them up and go to the counter, is that acceptance of the offer?

The answer is no. You may be surprised to know that when you take the item to the checkout, it is you who are making the offer to purchase and it is up to the checkout operator to accept your offer.

Advertising the item sitting on the shelf at $3.00 is not the supermarket making an offer to you, it is defined, in legal terms, as an ‘invitation to treat’. This was clarified nearly seventy years ago in the famous British case known as ‘Boots’ (Pharmaceutical Society of GB v Boots - Court of Appeal [1953] 1 QB 40; [1953] EWCA Civ 6; [1953] 1 All ER 482, [1953] 2 WLR 427).

Technically, the checkout operator can refuse to sell you the product you have selected by rejecting your offer, or by making a counteroffer. In practice, this rarely, if ever, happens, but the retailer has every right to reject your offer, if they so choose.

So, what about something more substantial. The purchase of the family home is, in most cases, the largest transaction that most people will enter into during their lifetime. When you see your dream home listed in the window of your local real estate agency, enter into a standard form REIQ contract and pay the deposit, have you now secured the purchase of your dream home?

The answer is again, no. The Real Estate Institute of Queensland (“REIQ”) and Queensland Law Society (“QLS”) created standard form contracts for the purchase of residential property many years ago to comply with the legal requirements and simplify the process of purchasing your home. However, as with buying a packet of chips from the supermarket, the purchaser is still only making an offer to the seller. The advertisement in the agency’s window is still only regarded as an ‘invitation to treat’, not an offer.

An unscrupulous seller may decide that they have received so many offers in such a short period of time that they must have been advertising the property for too little, reject all offers and raise the price on the advertisement. They are well within their legal rights to do so, but whether this is considered ethical is up to you, the individual, to decide.

Those whose offers were rejected are entitled to the return of their deposit, in full.

There are many rules incorporated into the standard terms of the REIQ contract regarding rejection of offers, withdrawing from the contract as a seller or buyer and cooling-off periods etc. There are also very important distinctions between conditional and unconditional contracts and the consequences of entering into the wrong type can have devastating effects. Imagine having to pay 10% of the purchase price, and other legal fees and cost, without purchasing the house!

The number of people who enter into contracts for the purchase of a home, and then subsequently seek legal advice, is astonishingly high. The sensible approach is to seek legal advice first, before entering into the contract.

If you enjoy Murray Laws' posts and find them informative, like and share, do the same on our page, murraylawptyltd where you can view previous articles and visit our website MurrayLaws.com.

29/06/2022

When does your criminal record expire in Queensland?

Have you ever wondered whether that minor offence you committed many years ago still appears on your criminal history or criminal record? Does it expire at some stage?

The Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) has a preamble that states:

‘An Act to provide with respect to the rehabilitation of persons convicted for offences and for related purposes.’

This Queensland legislation provides at section 3, that minor offences committed more than five (5) years ago, where no period of imprisonment was imposed, become ‘expired’ offences; and, convictions for more serious offences (up to 30 months imprisonment) expire after ten (10) years.

Section 6 states that you can legally answer ‘no’ if asked whether you have a criminal record; however, does this legislation now protect the rehabilitated offender from further future scrutiny?

The answer is also ‘no’. It does not protect you from being deemed as having been a criminal.

The problem with the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) is that it does not provide protection for people who were convicted of minor crimes in their past.

Say as a theoretical example, you apply for employment with TAFE, Queensland’s provider of technical and further education (such as the theory that needs to be completed when undertaking an apprenticeship) and as an experienced electrical engineer you have all the qualifications for the teaching position. What if you were convicted of a minor offence decades ago in your youth and you received a fine or probation? What if the TAFE organisation asked you whether you had any criminal convictions on your police record? According to the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) you can legally state, ‘No. I have no criminal record’.

But what happens when the interviewer asks you to sign an authority for a Criminal History Check? This is where the whole concept of the legislation falls down, because your Criminal History Check will still reveal every single offence on your record, whether expired or not.

After legally stating that you don’t have a criminal record at the interview, the organisation gets back to you a few weeks later (after having received the report from the Queensland Police Service), and they say to you that you lied, you were not fully frank and open, that you’re dishonest and that you are not suitable for the job.

What an embarrassing situation! The legislation says one thing, but the reality of the situation is another in practice. You have done nothing illegal, nothing wrong. You have stated what the legislation says you can state, and yet, you are now being accused of being dishonest and denied the employment opportunity.

The legislation is obviously flawed, if not useless, and it is time for the government to review the Act and either repeal it altogether or amend it. The legislation is problematic, contradictory, and has the potential to create trauma and embarrassment in its current form. The intention of the Legislator, to create a mechanism whereby a minor mistake from the past should not haunt you forever, is not being fulfilled and it is time for change.

If you enjoy Murray Laws' posts and find them informative, like and share, do the same on our page, murraylawptyltd where you can view previous articles and visit our website MurrayLaws.com.

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Kingaroy, QLD
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