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Leading Lawyers Townsville
Sometimes, all you need is a fresh perspective. Connolly Suthers are North Queensland’s most experienced and qualified law firm. Established in 1895 with a foundation of leading Townsville lawyers, Connolly Suthers has since become one of North Queensland’s largest, most diverse, and dynamic firms.
Employing a range of expert Queensland lawyers who offer specialist legal advice, Connolly Suthers comprises a team of individual talents working under collective energy. Originating from Townsville Connolly Suthers deliver Queensland’s highest standards of legal help, advice, and services.
We work under the belief that strong reputations don't go unnoticed, and this is why our firm has continued to successfully service the legal needs of North Queenslanders for over 130 years. Work with a law firm that understands you and prioritises your needs – work with Connolly Suthers.
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Can you defend your home from an intruder? Understanding Queensland’s defence of dwelling
Home invasions are something no one wants to experience. With concerns about youth crime and property breaks-ins on the rise, many Queenslanders are asking: What can I legally do if someone breaks into my house? Can I fight back? And if so, how far can I go? The answer lies in section 267 of the Criminal Code Act 1899 (Qld) (‘the Criminal Code’) – commonly known as Defence of Dwelling. What is defence of dwelling? Under Queensland law, it is lawful for a person in peaceable possession of a dwelling, and any person lawfully assisting him or her or acting by his or her authority, to use force to prevent or repel another person from unlawfully entering or remaining in the dwelling, if the person using the force believes on reasonable grounds— the other person is attempting to enter or to remain in the dwelling with intent to commit an indictable offence in the dwelling; and it is necessary to use that force.[1] What does this mean in practice? In Queensland, an occupier may use force they believe is necessary, provided that belief is held on reasonable grounds. This is not the same as requiring the force itself to be “reasonable”. The question is whether the occupier actually held the belief, and whether there were reasonable grounds for it, even if others might think it was wrong or misguided. This threshold offers Queenslanders confidence in their rights to defend their home, however, it is not a free pass to slaughter every trespasser. History behind the defence The idea that “a man’s home is his castle” goes back centuries. It was famously recognised in Semayne’s Case in 1604, which described the home as a fortress.[2] Section 267 of the Criminal Code was modernised in 1997 in response to growing community concerns about home invasions. Before that, the law only applied to “forcible breaking and entering of the dwelling house”. The current version covers any unlawful entry or remaining in a dwelling, provided you believe the intruder intends to commit an indictable offence therein. More recently, there has been political debate about whether the law should go further. In 2024, the Criminal Code (Defence of Dwelling and Other Premises – Castle Law) Amendment Bill 2024 was introduced to Queensland Parliament. The objective of this Bill is to broaden the circumstances in which an individual can lawfully respond to a home invasion with such force that it may result in grievous bodily harm or death to the intruder. Whilst the Bill has not passed, it has sparked significant public interest and is likely to continue generating debate about the appropriate limits of force in defence of the home. Breaking down the elements of the defence There are 4 elements to defence of dwelling. Importantly, the defendant bears the evidentiary burden to raise or point to evidence capable of supporting the availability of the defence. This is assessed on the balance of probabilities, which is a lower standard of proof. Once this burden is met, the legal burden shifts to the Prosecution, who must then disprove at least one element of the defence beyond reasonable doubt, a significantly higher threshold. Element 1 The first element is satisfied where the defendant was in peaceable possession of a dwelling or was lawfully assisting or acting by the authority of a person in peaceable possession of a dwelling. The term “dwelling”, in its summarised terms, refers to a building or structure, or part of a building or structure, kept by the owner or occupier for their residence and that of their family.[3] An area under a high-set house, where the laundry was located, has been held to fall within the meaning of dwelling,[4] as has a motel unit occupied by a person for a week,[5] and a caravan used for residential purposes.[6] However, a concrete pad on the ground between a house with a carport attached and a rear shed has been held not to be a structure or part of those buildings or structures.[7] This means that, for example, if someone were in your yard and you reasonably believed they were attempting to enter your dwelling to commit an indictable offence, the law may allow you to use force necessary to stop them. However, it is important to remember that every situation is different, and proving that belief can be more difficult where, for instance, you live on a large acreage and the person is not near the dwelling. In reality, the best and safest first step is always to contact Queensland Police Service immediately. If it is safe to do so from a distance, recording the intruder may help support your defence should the matter proceed to Court. The term “possession” includes ‘having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.’[8] There is limited Australian authority on the meaning of “peaceable”. However, in determining whether possession is peaceable, Courts have considered factors such as whether the defendant was living in the dwelling in which the events occurred, and whether there is a dispute as to their entitlement to be there.[9] Element 2 The second element requires that the defendant used force for the purpose of preventing or repelling an intruder from unlawfully entering or remaining in the dwelling. If the victim is lawfully on the premises, defence of dwelling will not be available,[10] and the force used cannot be used as a form of vengeance. Regarding the degree of force used, it has been held that ‘section 267 might apply even if the defendant used more force than was reasonably necessary to make an effectual defence of his person or of others in the house against [the victim].’[11] In this way, defence of dwelling does not entrench a requirement of proportionality or reasonableness for the amount of force used. Elements 3 & 4 The third and fourth elements are often considered together given their subjective and objective components. The defendant must hold a subjective belief that the victim was attempting to enter or remain in the dwelling with intent to commit an indictable offence, and that their use of force was necessary to prevent this. The law further requires that the defendant’s subjective belief be based on reasonable grounds, thereby introducing an objective element.[12] Threatening violence has been found to be sufficient to form a reasonable belief.[13] Criminal offences comprise crimes, misdemeanours and simple offences. Crimes and misdemeanours are known as indictable offences, which may include stealing, unlawful use of a motor vehicle, or assault.[14] In determining whether the belief in the necessity of force was reasonably held, the jury must consider the circumstances as a whole; including the level of force used and the reality that a person defending their home may not be able to precisely weigh the best course of action.[15] It must also be acknowledged that ‘reasonable people in the accused’s situation might have held a variety of beliefs ... about the relevant state of affairs.’[16] Ultimately, Courts assess reasonableness based on the situation as it appeared to a person at the time, not with hindsight. The law also recognises that a person defending their home is not required to retreat from a threat, even where retreat might otherwise appear a reasonable option.[17] However, approaching an intruder should only ever be considered as a last resort. Protecting your own safety, and that of others in the dwelling, is paramount, and you can never know whether an intruder may be armed or in company. Scope of defence of dwelling Defence of dwelling is broader than self-defence and other property defences. It does not require the force used to be proportionate, and it does not exclude cases where grievous bodily harm or even death results.[18] Importantly, a person does not need to fear death or grievous bodily harm themselves to rely on the defence.[19] The absence of a proportionality requirement, while extending the ambit of the defence, may be justified on the basis that an occupant faced with a sudden home invasion cannot be expected to exercise fine judgment as to the exact level of force required. In principle, this means the defence can extend to lethal force, though only in the most significant circumstances. If an owner/occupier of a dwelling reasonably believes lethal force is necessary to prevent or repel an intruder from entering or remaining in the dwelling (provided they also reasonably believe the intruder intends to commit an indictable offence in the dwelling), the law can justify that use of force. The key question for the Court or jury is whether that belief was reasonable in all the circumstances and whether the force used was reasonably necessary. In R v Spajic [2011] QCA 232, the Queensland Court of Appeal dismissed an appeal against a conviction for manslaughter, on the ground that the jury could reasonably have found that the appellant did not believe, on reasonable grounds, that it was necessary to stab the deceased to prevent entry into the dwelling. After a trial, the jury acquitted the appellant of murder and instead convicted him of manslaughter. The evidence showed that the deceased had accompanied a friend to the appellant’s residence to help her recover property she believed was inside. Although the deceased was on the appellant’s verandah and knocking loudly on a window, he neither entered nor attempted to force entry into the appellant’s house, nor did he step inside when the appellant opened the door. An altercation arose, however, the deceased was unarmed, and it was the appellant who escalated the confrontation by arming himself with a knife and confronting the group on the verandah. Violence only broke out after the appellant threatened the deceased with the knife. In those circumstances, the requirements of defence of dwelling were not satisfied, and the appeal was dismissed. Get help from a criminal lawyer Whilst Queensland law recognises Defence of Dwelling, it applies in limited circumstances. If someone is on your property or attempting to enter your home, the safest and most appropriate course of action is to contact the Queensland Police Service immediately. If you have been charged with a criminal offence, it is important to seek timely and accurate legal advice from a lawyer who can advocate effectively for you in Court. At Connolly Suthers Lawyers, our experienced Criminal Law team provide clear, reliable advice and strong representation at every stage of the process. If you have any questions or need assistance, please contact us on (07) 4771 5664. This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact Connolly Suthers Criminal Lawyers. [1] Criminal Code Act 1899 (Qld) s 267. [2] Semayne’s Case (1604) 77 ER 194, 195. [3] Criminal Code Act 1899 (Qld) s 1. [4] R v Bartram [2013] QCA 361, [19]-[20]. [5] R v Halloran and Reynolds [1967] QWN 34. [6] R v Rose [1965] QWN 35. [7] R v Richards [2023] QCA 7, [20]-[21]. [8] Criminal Code Act 1899 (Qld) s 1. [9] R v McMartin [2013] QCA 339, [23]. [10] Ibid. [11] R v Spajic [2011] QCA 232, [35], citing R v Cuskelly [2009] QCA 375, [27]. [12] R v O’Neill [2009] QCA 210, [16]; Murray v Grieve [2014] QDC 18, [58]. [13] R v Cuskelly [2009] QCA 375; R v Bartram [2013] QCA 361. [14] Criminal Code Act 1899 (Qld) s 3. [15] R v McMartin [2013] QCA 339, [23]. [16] R v O’Neill [2009] QCA 210, [16]. [17] R v Cuskelly [2009] QCA 375, [29], citing R v Hussey (1925) 18 Cr App R 160, 160-2. [18] R v McMartin [2013] QCA 339, [26]. [19] R v Cuskelly [2009] QCA 375, [27].
Is a Stepchild Eligible to Contest a Will in Queensland?
Is a stepchild eligible to contest a Will in Queensland? Eligibility criteria In Queensland, a stepchild has the same rights as a biological or adopted child to contest a Will provided the stepparent and the child’s natural parent did not divorce before the death of the stepparent. To be a stepchild (and eligible to contest the Will of the stepparent), the child’s natural parent and stepparent don’t have to be married. It applies if they are in a civil partnership or de facto relationship as well. In 2017, the law was amended to confirm that the child of a deceased’s civil partner or de facto partner falls within the definition of a stepchild. It is important to note that a stepchild remains eligible to contest the Will of the stepparent even when the stepparent remarries or enters into a de facto relationship or civil partnership after the death of the child’s natural parent provided that prior to the death of the child’s natural parent their relationship was not legally dissolved. Time frames for a stepchild to contest A stepchild who intends to contest a Will must do so within statutory time limits. The stepchild must notify the executor in writing of their intention to contest the Will within 6 months of the deceased’s death and they must file their Family Provision Application and commence proceedings within 9 months of the deceased’s death. Factors considered in a Family Provision Application While a stepchild in Queensland is eligible to contest a Will regardless of their age or dependence on the deceased, being successful in their claim for further provision from the deceased’s estate is a separate issue. The courts will look at a variety of factors when undertaking a Family Provision Application, such factors include: the financial and personal situation of the stepchild, the length, nature and closeness of the relationship between the stepchild and the deceased, the degree to which the stepchild was dependent on the deceased, competing claims (the claims and needs of other beneficiaries or applicants) and deceased’s reasons for excluding or minimising the stepchild’s share and the size of the deceased’s estate. Superannuation death benefits and stepchildren As to the eligibility of a stepchild to receive superannuation death benefits direct from the superannuation fund, a stepparent cannot nominate their stepchild as a beneficiary of their superannuation death benefits when the natural parent has predeceased or has divorced the stepparent. In such circumstances, the ATO has said that a stepchild is no longer entitled to receive death benefits directly from the superannuation fund unless the stepchild meets another definition as a dependant. Dying without a Will and stepchildren If a person dies without a Will, under Queensland’s Intestacy Laws, stepchildren are not automatically recognised as beneficiaries unless they qualify as a dependant in a Family Provision Application. If you would like assistance with any of the above information, please contact our Wills and Estates team via (07) 4771 5664.
Crimes Against The Elderly
Unconscionable, Criminal and Invisible Taking advantage of the old, frail and vulnerable members of society is more prevalent now than it ever was. People are living longer, they have more money and many are developing mental illnesses such as Alzheimer’s Disease.
The Connolly Suthers Difference
At Connolly Suthers, we feel privileged to be entrusted with our client's legal affairs, helping them navigate what is often some of the most challenging times of their lives. Our diverse, talented team has considerable expertise in multiple aspects of law and channel this experience to make a substantial, positive difference in the lives of locals.
We believe that your lawyer should have a significant understanding of how Townsville operates and its underlying cultural systems to provide the most genuine, useful legal advice possible. That’s why we frequently employ experienced legal professionals locally from within North Queensland, possessing a proud history of employing law graduates from James Cook University. Not only does this allow us to give back to the local community, but it only boosts our ability to deliver the most relevant and beneficial legal advice possible.
Our genuine care for the wellbeing of our clients and attention to detail in every case is what sets us apart from other law firms in Queensland. From criminal law to personal injury law, family disputes, property settlements, child custody, and traffic offences, we'll be in your corner, every step of the legal process. If you’re looking for legal support in Townsville, we’re here to make a positive difference in as many lives as possible. Call Connolly Suthers on 07 4771 5664 to get help today.
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Learn MoreFrequently Asked Questions
What legal services do Connolly Suthers offer?
We operate across a range of legal matters including compensation, family, wills & estates, property, conveyancing, business, dispute resolution and criminal law; helping a variety of clients across Queensland to navigate the legal system.
It’s highly likely that you’ll need the services of a lawyer at least once in your lifetime. When you turn to Connolly Suthers for legal assistance, you can be confident that you’ll receive quality legal advice with a personal touch, regardless of which service you require. Our criminal lawyers, family lawyers, and compensation solicitors are here to help with the most common types of legal problems faced in these areas of concern.
Whether you're facing criminal offences, are dealing with a family law matter, looking to file compensation claims, have traffic offences, a domestic violence order, class actions, or just require an experienced team to assure a successful legal outcome, we can provide specialised advice for a wide range of concerns and legal issues.
Whatever type of legal assistance you need, we’re sure to be able to help. At Connolly Suthers, we have considerable experience and knowledge in all aspects of compensation law, family law, wills and estates, property law, criminal law, conveyancing, business services and dispute resolution.
We have Queensland Law Society Accredited Specialists in Property Law, Succession Law, Family law and Personal Injuries Litigation. Combining extensively trained and experienced legal practitioners with state-of-the-art communications and technology, Connolly Suthers delivers an unrivalled level of legal service in the Northern Queensland region. Get in touch with our team today - we're here to provide legal advice for a wide range of legal matters.
Do you offer No-Win, No-Fee?
Yes we offer no-win, no-fee services because we believe that nobody should be denied justice as a result of limited finances. We offer no-win, no-fee services in a range of matters including:
- Traffic accidents
- Workplace accidents
- Public liability accidents
- Medical negligence claims
- Life insurance claims
- Superannuation claims
- Certain commercial disputes
With Connolly Suthers Townsville Lawyers, you get the legal representation that you deserve without the worry of paying legal costs in the event that you lose your case. Our compassionate, friendly team understand the value of excellent service when facing a legal problem and a difficult time. Work with the solicitors that understand you and prioritise your needs – work with Connolly Suthers.
How much does representation with Connolly Suthers cost?
All Connolly Suthers clients receive the absolute highest level of quality legal representation and advice available in the region. Generally the cost of our legal services will vary based on the time required for our legal team to work on your case and the extent of the case as a whole, unless it is one of our fixed-fee services.
Regardless, we believe that nobody should be denied justice as a result of limited finances and that’s why we offer no-win, no-fee services in a range of matters including:
- Traffic accidents
- Workplace accidents
- Public liability accidents
- Medical negligence claims
- Life insurance claims
- Superannuation claims
- Certain commercial disputes
With Connolly Suthers Townsville Lawyers, you get the legal representation that you deserve without the worry of paying legal costs in the event that you lose your case. Work with the lawyers that understand you and prioritise your needs – Connolly Suthers.
How do you charge? Will I need to pay upfront? What are your prices like?
Most legal services are charged in accordance with a costs agreement which is provided to you at the commencement of the matter. Usually this must be signed and returned before any work is completed. This includes work done in most areas such as family law, personal injury, large commercial and leasing work, criminal law and estate administration. From your first phone call, your family lawyer, criminal lawyer, personal injury or estate solicitors can walk you through these fees work.
There are fixed price services available for basic conveyancing, wills and enduring powers of attorney. No nasty surprises - just a team who are committed to the best outcome. Please contact our office for more information about these services.
Do you offer payment plans?
Generally, no. However, you should feel free to discuss your financial situation with the solicitor involved with your case, at your initial appointment at Connolly Suthers. We understand that moving through the legal system can get expensive - from your first phone call, our compassionate team will openly discuss fees and work in your best interests, in a timely manner, to achieve a positive outcome.
Do you certify documents? Do you have JPs available?
We usually only certify documents for clients of Connolly Suthers or in the course of matters in which we are involved. If you are looking to find a JP you can search for one here.
Do you hold relatives' documents in safe custody? What can you hold in safe custody?
For client's of Connolly Suthers we offer the service of storing in our safe custody original Wills, Enduring Powers of Attorney, Certificates of Title, etc.
How are you involved with the Townsville Community?
The partners and staff of Connolly Suthers have long-standing ties throughout the local community. Over a large number of years we have supported various clubs and sporting teams in Townsville and in the Burdekin. We are regular supporters of Ronald McDonald House and the Vinnies foundation.
Find out more about our contributions to the local community here.
How do I contact Connolly Suthers?
You can call our Townsville QLD office on 07 4771 5664 during business hours.
Alternatively, submit an email enquiry to law@cosu.com.au and the Connolly Suthers team will endeavour to respond to your enquiry within one business day.
Where are your other offices located?
Our offices are located at 416 Flinders Street, Townsville and 180 Queen Street, Ayr.
We visit Cairns, Brisbane and Mount Isa as well as other regions throughout North Queensland by appointment.