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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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The Importance of Complying with Domestic Violence Orders: Lessons from CDL v Commissioner of Police [2024] QCA 245
Domestic and Family Violence continues to be a persistent and pervasive issue within our society, and ensuring that there is compliance with Domestic Violence Orders (DVO’s) is essential to make sure that victims of Domestic Violence are protected and that the integrity of the justice system is maintained. In Queensland a Court can make a Domestic Violence Order if the Court is satisfied that:- A relevant Relationship exists; That Domestic Violence has occurred and; That the making of an order is necessary and desirable in all the circumstances. When the Court is deciding whether or not to make a Domestic Violence Order, it is being asked to effectively review the relationship and perform a risk assessment as to whether or not there is a future risk of the victim (often referred to as the aggrieved), being exposed to ongoing domestic violence if an order is not made. The making of a Domestic Violence Order does not mean that you have been convicted of a criminal offence, nor does it add an entry to your criminal history. However, breaching a Domestic Violence Order is a criminal offence under section 177 of the Domestic Violence and Family Protection Act and carries a maximum penalty of $18,576 (120 penalty units) or 3 years in prison. The penalty is increased if a person has been previously convicted of domestic violence offence within 5 years prior to the breach of the DVO, resulting in maximum penalties of $37,152 (240 penalty units) or 5 years in prison. The making of a Domestic Violence order may also impact upon a persons employment such as affecting the suitability and eligibility of a person holding a blue card or relevant security clearances. Domestic Violence Orders can also affect the ability of a person to hold a weapons license. Breaching a Domestic Violence Order (or any order made by a Court), is a serious offence. The recent Queensland Court of Appeal decision in CDL v Commissioner of Police [2024] QCA 245 serves as a significant reminder of the gravity of breaching such orders and the severe legal consequences that will likely follow. Overview of the Case The applicant (referred to as CDL), sought leave to appeal a sentence of two years imprisonment for multiple offences of breaching a Domestic Violence Order. The alleged breaches of the order occurred over several years including eighteen (18) contraventions which involved threats, physical violence, and persistent contact with the complainant despite explicit no-contact conditions. The Court of Appeal ultimately refused an application to appeal against CDL’s sentence, and ultimately upheld the sentence imposed on him as proportionate to the seriousness of his conduct and necessary to serve as a deterrent to others. Key Observations Repeated Breaches Escalate Sentences The case highlights the Court’s attitude when dealing with offenders who repeatedly breach Domestic Violence Orders. The decision further highlights that the Court regards repeated breaches of Domestic Violence Orders as a serious affront to the justice system. The Applicant CDL’s persistent violations demonstrated a pattern of disregard for Court orders, necessitating a stronger punitive response. As the Court rightly observed, compliance is essential for Domestic Violence Orders to ensure that the protective purpose of the Order are met. The case also highlights that Courts do not make Domestic Violence Orders for no reason, they are indicative of a finding by the Court that an act or acts of domestic violence have already occurred. At paragraph [44] of the decision the Chief Justice Her Honour Bowskill CJ noted that for the Court to have made a Domestic Violence order it meant that some form of domestic violence had occurred already. The Applicant had been sentenced six (6) times, over twenty-one years (21) for thirteen (13) breaches of Domestic Violence Orders. Ultimately the Court found the conduct of CDL to be contemptuous to Court orders, which further highlights the importance of respecting and abiding by orders made by the Court. Personal and General Deterrence In sentencing the Defendant, the court emphasised the dual objectives of personal and general deterrence. CDL’s persistent offending, even after serving previous sentences, reflected a lack of deterrence, prompting the court to impose a harsher penalty. This approach sends a clear message to potential offenders that breaches of Domestic Violence Orders will not be tolerated. Protection of Victims The case underscores the primary purpose of Domestic Violence Orders, which is to to safeguard victims from further harm and domestic violence. CDL’s conduct placed the victim in a continuous state of fear and distress. Upholding the sentence reflected the court’s commitment to protecting vulnerable individuals and ensuring that orders issued for their safety are meaningful and enforceable. Why Compliance with Domestic Violence Orders is important. Holding perpetrators to account and victim Protection Domestic Violence Orders are designed to create a legal barrier between perpetrators and victims, to ensure that victims of Domestic Violence are protected from further abuse. Non-compliance with these orders undermines the safety and mental well-being of victims, often exacerbating the trauma caused by domestic violence. The underlying principle of the Domestic Violence Legislation in Queensland is the safety, protection and wellbeing of people who fear or experience domestic violence, including children, which is paramount. Section 3 of the Act states that the main objectives of Domestic Violence Legislation is to:- (1) The main objects of this Act are— to maximise the safety, protection and wellbeing of people who fear or experience domestic violence, and to minimise disruption to their lives; and to prevent or reduce domestic violence and the exposure of children to domestic violence; and to ensure that people who commit domestic violence are held accountable for their actions. (2) The objects are to be achieved mainly by— allowing a court to make a domestic violence order to provide protection against further domestic violence; and giving police particular powers to respond to domestic violence, including the power to issue a police protection notice; and imposing consequences for contravening a domestic violence order or police protection notice, in particular, liability for the commission of an offence. Upholding the Authority of the Court Court orders are not mere recommendations or suggestions, they carry the weight of the law. Showing disregard for such orders erodes public confidence in the judicial system and diminishes the perceived authority of the courts. Court must sentence accordingly and must impose penalties which reflect the serious and callousness behaviour of people who breach these orders. Preventing Escalation The offence of breaching a Domestic Violence Order is often a precursor to more severe forms of violence. Early and strict enforcement of these orders can prevent the escalation of abusive behaviour, potentially saving lives. Reinforcing Accountability Compliance with Domestic Violence Orders is essential to ensure that offenders are held accountable for their actions. It forces offenders to understand and accept the boundaries set by the law and respect the rights and safety of others. Summary The decision reiterates the significance in complying with orders made by the Court. There are significant consequences for offenders who repeatedly breach Domestic Violence Orders and have disregard for the Courts who make them. The case is a reminder that the Courts are committed to enforcing these orders firmly and that breaches will result in substantial penalties. Compliance is a legal obligation and a crucial step towards ensuring the safety of victims and respecting the rule of law. Our Criminal Law team practice extensively in Domestic and Family Violence Law and can assist you obtaining a Domestic Violence Order, or responding to an application for a Domestic Violence Order or Police Protection Notice. We can represent you in relation to any criminal offence that may be DV related. If you are experiencing domestic violence, being subject to coercive control, or have been accused of coercive and controlling behaviour, you can contact Connolly Suthers Lawyers to assist you. If you need any further information or assistance, please contact: DVCONNECT MENSLINE - 1800 600 636 DV CONNECT WOMENSLINE - 1800 811 811 Lifeline- 131 11 14
Self-Managed Superannuation Fund Changes You Need to Know!
Staying informed about changes in the world of superannuation is crucial for every trustee managing a Self-Managed Superannuation Fund (SMSF). As we head into the next financial year, it's important to be aware of key developments that could impact your retirement planning strategies. Here's a roundup of some recent updates you should know: Valuing fund assets correctly for the SMSF annual return The ATO has reminded SMSF trustees of the importance of correctly valuing fund assets for the SMSF annual return, flagging concerns that approximately 16,500 funds have reported certain classes of assets at the same value, for at least the last three years. Asset classes identified include property (residential and commercial) and unlisted investments (shares and unit trusts). To address this concern, the ATO has commenced sending targeted messages to trustees and auditors and will monitor the approach taken by these funds in their next annual return. Quarterly TBAR Reminder Trustees must report Transfer Balance Account Report (TBAR) events to the ATO by April 28, 2024, if relevant events occurred between January 1 and March 31, 2024. Note: Where there has been no TBA event during this period, there is no need to lodge a TBAR for this quarter. Director ID Number and ASIC action ASIC has brought its first action against a director for failing to have a director identification number. Although the facts of this matter are not public, this action acts as a stark reminder that all company directors, including the directors of a special purpose company that acts as the trustee of an SMSF, must have a director ID. Superannuation Rates and thresholds for 2024-25 The ATO officially released the updated superannuation rates and thresholds for the 2024-25 financial year. Better targeted superannuation concessions (Division 296 Tax) – Draft regulations released The Government released Treasury Laws Amendment (Measures for Future Instruments) Instrument 2023: Better Targeted Superannuation Concessions (draft regulations), to support implementation of the proposed division tax. These draft regulations contain provisions that enable the calculation of Division 296 tax for defined benefit interests, including: outlining methods to value defined benefit interests, and making modifications to the Division 296 earnings formula to appropriately capture notional contributions to defined benefit interests. Small Business Superannuation Clearing House (SBSCH) – Bank account verification The ATO implemented an update to the Small Business Superannuation Clearing House (SBSCH) introducing SMSF bank account validation – aimed at bolstering the precision and security of superannuation contributions. This change affects all small employers who use the SBSCH to pay superannuation to employees’ SMSFs. Cost of living tax cuts Bill – Legislation passed The Treasury Laws Amendment (Cost of Living Tax Cuts) Bill 2024 received Royal Assent. This bill amends the tax laws to modify income tax rate thresholds and tax rates for individuals for the 2024-25 and later financial years. Trustee Disqualifications The December update of the Disqualified Trustees Register shows 149 trustees were added for the December 2023 quarter. This brings the total number of disqualified trustees between 1 July and 31 December 2023 to 374. Superannuation on Paid Parental Leave The Government announced its intention to pay superannuation on Paid Parental Leave (PPL) entitlements from 1 July 2025. ATO Statistics – SMSF quarterly statistical report (December 2023) The ATO has published it’s SMSF quarterly statistical report for the December 2023 quarter. The report highlights a continued trend of steady growth in the number of SMSFs, with a net increase of 6,743 SMSFs in the December 2023 quarter. Looking at the member demographics of the new funds established during the December 2023 quarter, around: 55% of members were male, and 45% female, and 46% had taxable income between $80,000 and $200,000, while only 12.5% had taxable incomes above $200,000. ATO Statistics – Annual SMSF Statistical Report The Australian Taxation Office (ATO) has released its annual statistical report on Self-Managed Superannuation Funds (SMSFs) for the 2021-22 financial year. Navigating these changes can be intricate, especially as retirement approaches. It's crucial to stay informed and seek advice tailored to your SMSF's specific circumstances. Planning for your retirement starts with understanding the rules that govern your superannuation. If you would like assistance with any of the above information, please contact our Wills and Estates team via (07) 4771 4665.
From Glossy Brochures to Real Responsibilities: A Beginner’s Guide to Body Corporates
So, you’re looking to buy your next home: you find an apartment in a new development in the city, close to your favourite café, at the right price. You’re drawn in by the glossy brochures and can’t wait to use the steam room and stock your exclusive use wine cellar. But you’ve never lived in a community titles scheme before. In fact, you’re not even sure what a body corporate is, or what it does. This is an all-too-common experience for those considering buying into new, or existing, developments. Enquiries we often receive from our clients relate to the basics, such as: What is a body corporate, and what does it do? Simply put, a body corporate refers to the lot owners within a scheme which, as a collective, are conferred with distinct legal personality under section 33 of the Body Corporate and Community Management Act 1997 (Qld) (‘BCCMA’). At its core, your body corporate is required to carry out the following duties under section 94 of the BCCMA: administering common property and body corporate assets for the benefit of the owners of the lots included in the scheme (aka, keeping that steam room in working order); enforcing the community management statement (including enforcing any by-laws for the scheme in the way provided under the Act); and carrying out the other functions given to the body corporate under the Act and the community management statement. To assist it in carrying out its function, bodies corporate are vested with ‘all powers necessary for carrying out its functions’ under s 95 of the BCCMA, and may, inter alia: enter into contracts; acquire, hold, deal with and dispose of property; and employ staff. However, it is worth noting that this power is not limitless, and body corporates must be mindful not to act beyond their powers. What is a committee — is it the same as the body corporate? No, the role of a committee can be compared to the role of a board of directors in a large company and is distinctly different to the role of the body corporate. There must be a committee for the body corporate if the regulation module applying to the scheme requires it. The committee is the administrative arm responsible for the day-to-day management of the body corporate and is empowered to make decisions for the body corporate by virtue of section 100 of the BCCMA. Whilst compositions vary between schemes, committees are composed of members (lot owners) elected by their fellow members with positions such as chairperson, secretary, and treasurer. It is worth noting that the discretion of the committee to make decisions for the body corporate is not unfettered, and in this respect, committees are generally restricted from making decisions in relation to the following (example under section 52 of the Body Corporate and Community Management (Standard Module) Regulation 2020): fixing or changing contribution levies; changing rights, privileges, or obligations of members; starting legal proceedings. If there’s a body corporate and a committee, what is left for the body corporate manager to do? That’s a good question, and the answer is simple: it depends. The role of the body corporate manager is to support the body corporate in discharging its administrative function. You might be thinking that serves the same purpose as the committee, except that section 119 of the BCCMA allows community title schemes with a committee to engage a body corporate manager to exercise some, or all, of the powers of an executive member of the committee. Most commonly, a body corporate manager will be authorised to perform powers such as managing compliance with the BCCMA, preparing annual budgets, and issuing and monitoring levy payments. Why do I have to pay contributions? Subject to the applicable regulation module, a body corporate is required to establish and keep an administrative fund and a sinking fund. What is the difference? Well, it’s in the name. Sort of. The purpose of the administrative fund is to deal with the day-to-day running expenses of the body corporate, such as maintenance, repairs, and paying for any service contractors engaged by the body corporate (ensuring the steam room remains functional and common property areas are maintained). The sinking fund can be thought of as the ‘piggy bank’ of the body corporate. It deals with larger items of a capital or non-recurrent nature, such as replacing body corporate assets, or painting of the building. Each year the body corporate passes a budget for each fund, and it follows that contributions to those funds are levied on you, the lot owner. So, should I buy into that new development after all? Well, that’s a matter for you. It might be that you take some comfort in knowing the reality, at least from a governance perspective, that community title schemes are highly regulated and subject at all times to the scrutiny of their members, and prospective buyers. For assistance with a property matters, please contact (07) 4771 5664 today!
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.