find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
Qld silk espouses speeding fine defence

Qld silk espouses speeding fine defence

speeding fine barrister

While everyone grumbles about speeding tickets, one top Queensland barrister has threatened to take his complaints all the way to court, fighting a $146 fine with a constitutional challenge and spousal privilege.

Tony Morris QC was issued the fine after a speed camera caught his station wagon going 57km/h in a 50km/h zone, according to The Courier-Mail.

Mr Morris challenged the fine in a letter to the state's Department of Transport, claiming he has evidence he was not driving the car but refusing to name the driver.

He offered to call a veritable who’s who of the Brisbane legal scene to testify they were with him at the time of the offence, including Supreme Court judge David Jackson, Federal Court judge John Logan, Bar Association president Robyn Martin, Bar Association vice-president Geoff Diehm QC and barrister Anand Shah.

Under Queensland laws on speeding, car owners wishing to avoid fines must either name the driver at fault or verify they do not know who the driver is – neither of which apply to Mr Morris.

He claimed the requirement to dob in the culprit would violate his spousal privilege, quoting an English case from 1817, but equally that the Queensland Government would be acting “unconstitutionally” if it fined him despite evidence he was not driving the car.

However, the Department of Transport has not withdrawn the fine.

Mr Morris subsequently wrote to the attorneys-general of the Commonwealth and all eight states and territories, saying he planned to challenge the validity of part of the speed camera laws in court.

His constitutional challenge is due in the Queensland Court of Appeal “within weeks” – perhaps, Folklaw suggests, showing you don’t rise to the top of the legal profession by backing down in a fight.

Folklaw approached Mr Morris but he did not wish to comment.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Qld silk espouses speeding fine defence
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Jackie Rhodes
06:04
Report sheds light on LGBTQI inclusion in law firms
A recent report has revealed the varying perceptions on LGBTQI diversity and inclusion in the Austra...
Women in business
06:00
Annabel Crabb headlines Women in Business Forum
Political journalist Annabel Crabb has appeared at the Coleman Greig Lawyers Women in Business Forum...
Dec 11 2017
Warm welcome for new district court judges
Three practitioners who were appointed as district court judges in WA have been congratulated by ...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...