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Connolly Suthers

Celebrating over 128 Years as Queensland Lawyers
1895 – 2023

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Leading Lawyers Townsville

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 128 years. Work with a law firm that understands you and prioritises your needs – work with Connolly Suthers.

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What Our Clients Are Saying

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  • JJ - June 2023

    I have dealt with Connolly Suthers now on multiple occasions and its always with out a doubt absolutely amazing! The professionalism is outstanding, they deliver a 10/10 service every time. My resent home purchase was such a smooth transition all thanks to Mitchell. Any legal services needed I wouldn’t look past Connolly Suthers

  • NL - May 2023

    Fantastic from the first phone call. Buying a home all the way from NSW was made very easy with simple and quick phone calls.

  • PO - May 2023

    Fantastic service from lovely staff who are courteous and professional at all times. They help you every step of the way when you need their service and assistance and explain it with extensive knowledge and skills. They provide updates when you ask but will not send unnecessary things that can cost additional fees without your consent. They are reliable and their knowledge and help second to none. I highly recommend and have not found any member of staff undeserving of the recognition being polite and friendly throughout.

  • TP - May 2023

    The team at Connolly Suthers Townsville were amazing. A very special thanks to the Personal Injury Team, who were so very kind, compassionate and professional throughout the process. I can highly recommend Connolly Suthers Lawyers to look after you and your family in your time of need, and I will be forever grateful for Kathryn and her team’s tireless efforts.

  • TK - March 2023

    We worked with Mitchell Clark at Connolly Suthers Lawyers in Townsville for some conveyancing and he made buying our first home a breeze! We came to him under a slight time pressure and unsure of what needed to be done, and Mitchell very quickly got us up to speed on the process. Everything was explained clearly, all our questions were answered, and Mitchell provided us with timely, friendly and straightforward updates as we signed our contract and moved towards settlement. Thank you to Mitchell and to Connolly Suthers, we would recommend to anyone!

Our Legal Blogs

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Article
Law update: Coercive Control Amendments
Law update: Coercive Control Amendments

In 2022 we spoke about the intention of the Queensland Government to introduce a raft of new changes to domestic violence laws in Queensland. On 11 October 2022, the proposed laws were introduced into parliament, and on 6 March 2024, the Queensland Parliament passed these new laws. In this series, we will highlight some of the most significant changes to the laws in Queensland. The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 was enacted by the Government 6 March 2024. The significance of these amendments was to tackle the serious ongoing rise of domestic violence offences and focusing specifically on coercive control. These legislative changes began with the Government passing the Domestic and Family Violence Protection Act (Combating Coercive Control) and other Legislation Amendment Bill. This legislation laid the foundation for what coercive control really is, and more importantly, it set up the basis for a stand alone criminal charge for coercive control. The legislative changes came about after recommendations by the Queensland Women’s Safety and Justice Taskforce. These new laws were driven by the tragic deaths of Hannah Clark and her children and have been referred to as ‘Hannah’s Law’. These laws have been passed by Parliament, and assent has been provided, however, a date has to be fixed when these laws come into play. What these new laws mean? The effect of these amendments is broad in nature, and largely affects a number of pieces of legislation including:- The Bail Act 1980 The Criminal Code The Domestic and Family Violence Protection Act 2012 The Domestic and Family Violence Protection Regulations 2023 The Evidence Act 1977 The Evidence Regulation 2017 The Justices Act 1866 The Penalties and Sentences Act 1992 The Youth Justice Act 1992 The Recording of evidence regulations 2018 These changes are to have an immediate and significant impact within Queensland. The most significant of these changes is the creation of a standalone criminal offence of Coercive Control. Queensland is only the second state in Australia that has legislated this offence, following New South Wales. Coercive Control – New Criminal Offence Coercive Control is a form of domestic violence that involves a repeated pattern of behaviour, that, over time, has the cumulative effect of denying a person their personal autonomy and independence. It is a form of behaviour that seeks to create an environment where the victim is in constant fear, isolation, intimidation, and humiliation. Section 334A defines this behaviour broadly, and the legislative definition is prescribed in the offence under Section 334C of the Criminal Code. It is relevant to note that the new amendments cross-reference the definitions of domestic violence from the Domestic and Family Violence Protection Act, namely under Section 334B of the Criminal Code. Section 334C of the Criminal Code provides that a person who is an adult commits an offence (a coercive control offence) if:- The person is in a domestic relationship with another person and; The person engages in a course of conduct against the other person that consists of domestic violence occurring on more than one (1) occasion and; The person intends the course of conduct to coerce or control the other person and; The course of conduct would, in all the circumstances be reasonably likely to causer the other person harm What must be proven? For the Prosecution to prove that a person has committed this offence they must prove beyond reasonable doubt that:- That the defendant and complainant are in a domestic relationship That in the context of that relationship, the defendant engaged in a course of conduct against the complainant that was domestic violence Conduct that is domestic violence is defined under section 344B of the Criminal Code That the defendant intended the course of conduct to control or coerce the complainant. That the course of conduct by the defendant would be reasonably likely to cause the complainant harm. Reasonably likely in all the circumstances is the test. An offence under this section is a crime, and the maximum penalty for this offence is 14 years imprisonment. The prosecution does not have to prove that the person intended each act of domestic violence that would constitute coercive control. The prosecution does not have to prove the particulars of any act of domestic violence, and a jury does not have to be satisfied with the particulars of any specific act of domestic violence. Defences available If you are charged with an offence of coercive control, it is a defence for a person to prove that the course of conduct was reasonable in the context of the relationship between the person and the complainant as a whole. This means that there is an obligation on the defendant to prove that the conduct was reasonable in the context of the relationship. The defendant will bear the onus of proof to show to the Court or a Jury that the behaviour was reasonable. It is not a defence if the person believed that any single act of domestic violence that formed part of the course of conduct for coercive control, when considered in isolation, was reasonable in the context of the relationship as a whole. Effectively what this section is saying is that whether or not the defendant intended or believed that the behaviour was in isolation, coercive or not, is immaterial and not a defence to the offence. Restraining Orders Section 334E of the Criminal Code now allows a Court to consider making a restraining order. The order is separate from a Domestic Violence Protection Order (DVO), and the distinguishing feature is that while a DVO can only be made in circumstances where a relevant relationship exists, a restraining order is a separate order made by a court preventing a person from acting in a certain way towards another person. The new provision under Section 334E allows a Court to make a restraining order, regardless of whether a person is found guilty or not guilty, or whether the persecution of the matter ends in another way (such as a summary dismissal or withdrawal of the charge). The Magistrate or Judge may consider whether or not to make a restraining order. This effectively means that it is the discretion of the Court as to whether or not a restraining order should be made. The application for an order can be made by either the Crown (Prosecution), an interested party, or the Judge and Magistrates own initiative. The Court would take into account any relevant evidence in the hearing and would otherwise consider whether or not it is desirable that they make the order. If the Court makes a restraining order, it is important to note the following:- The application for a restraining order is not a criminal proceeding, it is a civil proceeding. If the restraining order is made it takes effect on the day the order is made, until a specified date. If a date is not specified, the order is deemed to operate for 5 years after the day the order is made. The order continues in force for 5 years, it can operate for less than 5 years only if the Court is satisfied of the safety of the person is not compromised The restraining order can be revoked at any time. While it is not a criminal offence for a restraining order to be made against a person, it is important to note that contravening or breaching the order is a criminal offence. The maximum penalty for knowingly contravening a restraining order is 120 penalty units or 3 years imprisonment. If you have been convicted of a domestic violence offence within 5 years, then you can be liable for a fine of 240 penalty units or imprisonment for 5 years. How can we help you? Domestic Violence offences have significant consequences for individuals. What is important to be aware of is not just the simple penalty for these offences but also the secondary effects a conviction for these types of offences can include. For example, offences of this nature can have a bearing on whether or not a blue card holder will have to face show cause proceedings or if a revocation of a blue card can be made by the department. If you are a professional who requires membership in a governing body, such as the Australian Health Practitioner Regulation Authority, you may have an obligation to report being charged with or convicted of an offence under these proceedings. It is incredibly important to obtain legal advice if you are charged with any domestic violence offence, or if you are approached by the Police for an application for a domestic violence order. 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. Our Criminal Law team practice extensively in Domestic and Family Violence Law and can assist you in obtaining a Domestic Violence Order, responding to an application for a Domestic Violence Order or Police Protection Notice, and representing you in relation to any criminal offence that may be DV related. 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

Article
The Power of an Attorney to Renew a BDBN
The Power of an Attorney to Renew a BDBN

The recent decision of Justice Applegarth (Queensland Supreme Court) in Re Rentis Pty Ltd [2023] QSC 252 examines an attorney’s powers to make a binding death benefit nomination (BDBN) for an incapacitated member of an SMSF.   Justice Applegarth said that “renewing” a BDBN extended to nominating different beneficiaries where the original beneficiary of the BDBN had died.   In Rentis:- Robert was a member of an SMSF.  He lost capacity in December 2020; Robert had appointed his wife and brother Peter as attorneys under an EPA (which gave Peter an express power to ‘renew’ a BDBN).  Prior to losing capacity, Robert made a BDBN directing the trustee to pay his death benefits as follows: 50% to his wife; and 25% to each of his children. Robert’s wife died in February 2021. Robert’s brother Peter remained as the sole attorney under the EPA. Peter, in his capacity as attorney for Robert, made a BDBN directing the trustee to pay Robert’s death benefits as follows: 25% to each of his children; and 50% to Robert’s estate.   The EPA provided, “I authorise my attorney/s to ‘renew’ any binding death benefit nomination made by me for any superannuation benefits or entitlement.” Justice Applegarth considered the meaning of the term ‘renew’ and whether it should be construed narrowly or given a purposive interpretation. It was contended that the term ‘renew’ would only permit an attorney to make another BDBN that repeats the terms of the previous BDBN made by the principal. Justice Applegarth did not favour this narrow interpretation and said, “A narrow construction would produce capricious, unreasonable, and certainly inconvenient results for a principal who became incapacitated and whose circumstances had changed or where other circumstances had changed. One would think that it is precisely the existence of changed circumstances that gave rise to the authority given to the attorney to renew any binding death benefit in the sense of making a fresh BDBN, that is, to make a new BDBN to address those circumstances or to renew the BDBN.” He held that the term ‘renew’ did allow the attorney to make a BDBN that differed from the earlier BDBN made by the member. Rentis provides useful guidance on how courts may determine the meaning of the power to ‘renew a BDBN’ if these words appear in an EPA. Of course, if the EPA spelt it out clearly to say different beneficiaries could be nominated, proceedings may have been avoided. With dementia cases on the rise, the terms of EPAs, BDBNs, Reversionary Pensions, SMSF Trust Deeds and Wills should be regularly reviewed holistically (and not in isolation) so that court proceedings can be avoided. If you would like assistance with any of the above information, please contact our Wills and Estates team via (07) 4771 4665. 

Article
Domestic Violence and Property Settlements
Domestic Violence and Property Settlements

If my relationship involved serious domestic violence, would this affect the outcome of a property settlement? Domestic violence in a relationship might affect the outcome of a property settlement if there is evidence of serious violent conduct, which has made it significantly more difficult for the victim party to contribute properly to the relationship. A property division is based largely on the contributions. This includes those made by the parties initially, during the relationship, and sometimes even post-separation, as well as the factors that affect each party’s future. The case of Kennon v Kennon established the principle which has to be met in order to vary a property settlement on the basis of serious domestic violence. This case involved a property settlement whereby domestic violence was present in the relationship. The court considered in this case whether the domestic violence had an impact on the victim’s ability to make contributions during the relationship and whether this could influence the outcome of the property settlement. The case predominantly focused on the contributions set out in section 79 of the Family Law Act 1975, specifically 79(4)(c) – (the welfare of the family and homemaker contributions) and also considered section 75 – (the future factors). Three elements were established to satisfy whether the presence of domestic violence could change the outcome of a property settlement: Violent conduct must be established; The violence must have a discernible impact on the victim; and The victim’s contributions to the relationship must be made significantly more ‘arduous’ as a result of the violent conduct This is reflected in the case when the court said: “Our view is that where there is a course of violent conduct by one party towards the other during the marriage which is demonstrated to have had a significant adverse impact upon that party's contributions to the marriage, or, put the other way, to have made his or her contributions significantly more arduous than they ought to have been, that is a fact which a trial judge is entitled to take into account in assessing the parties' respective contributions within s 79.” Their honours also commented that these principles should only encompass “exceptional cases.” What you need to remember: The outcome in Kennon isn’t always going to be reflected in every property case involving domestic violence. It is a high threshold to prove and there have been multiple cases in which the court was not satisfied that the domestic violence actually affected the victim party’s ability to contribute to the relationship or family. If you wish to obtain legal advice about your property matter, please do not hesitate to contact the Family Law team at Connolly Suthers Lawyers by phoning (07) 4771 5664 or submitting an online enquiry on the Family Law page.  

The Connolly Suthers Difference

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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Find out what Connolly Suthers can do for you

If you have an ongoing case with another firm and you are unhappy with how things are progressing, you might want to consider switching to the local lawyers at Connolly Suthers.

Find out what Connolly Suthers can do for you

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Providing a stress-free, 'to-your-door' conveyancing service any day, any time that suits you

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Frequently 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 free consultations?

Yes, at Connolly Suthers Lawyers Townsville, we offer free consultations in most areas.

Please note that while ‘family law’ and ‘employment law’ offer discounted fees for your initial appointment, they do not offer free consultation.

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 enquiries@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 Brisbane office is located at 240 Queen Street, Brisbane.

Our Cairns office is located at 14 Spence Street, Cairns.

Our Ayr office is located at 180 Queen Street, Ayr.

We visit Mount Isa as well as other regions throughout North Queensland by appointment.