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Brisbane Lawyers for QLD Police Claims

Your Rights Matter. We Hold Queensland Police Accountable

Trusted & Recommended by Clients. Let by Accredited Specialists

4.6  – 120 Reviews

The O'Brien Advantage

Proven Track Record

We have an outstanding track record of successfully suing QLD police and securing substantial compensation for victims of Queensland Police Service (QPS) misconduct. Our firm has represented more clients in actions against police than any other law firm in Australia, achieving settlements and court-awarded damages that hold the State of Queensland accountable.

Deep Knowledge of QLD Police Powers

Our lawyers possess comprehensive expertise in Queensland-specific legislation, including the Police Powers and Responsibilities Act 2000, the Crime and Corruption Act 2001, and the Police Service Administration Act 1990. We understand how Queensland police are meant to exercise their powers and can identify when those powers have been abused.

Personalised Approach

Every instance of police misconduct is unique and deeply distressing. We take the time to understand exactly what happened to you, the impact it has had on your life, and develop a strategic legal approach tailored to maximise your compensation when suing QLD police.

No Win, No Fee*

We believe that financial barriers should never prevent Queenslanders from accessing justice. Our no win, no fee arrangement means you can pursue your claim for suing QLD police without any upfront legal costs or financial risk.

Reasons for Suing QLD Police

False Arrest & Unlawful Imprisonment

Police must have lawful grounds to arrest and detain you. If you were arrested without reasonable suspicion of an offence, or held in custody for an unreasonable period without being charged or brought before a court, you can sue QLD police for false arrest and unlawful imprisonment.

Excessive Force & Police Assault

QPS officers are only permitted to use reasonable and necessary force in the course of their duties. Any use of excessive, gratuitous, or brutal force constitutes assault and battery. We represent victims suing QLD police who have suffered physical injuries, psychological trauma, or both as a result of police violence.

Malicious Prosecution

If criminal charges were brought against you without reasonable cause and with malicious intent, and those charges were later withdrawn, dismissed, or you were acquitted, you may sue QLD police for malicious prosecution. This includes the distress, reputational damage, and costs you suffered while defending yourself.

Unlawful Search & Trespass

Police must comply with strict legal requirements when conducting searches of your person, vehicle, or property. Searches conducted without proper authority, beyond the scope of a warrant, or in violation of your rights give you grounds for suing QLD police for unlawful search and trespass to property.

Breach of Police Duty & Negligence

Queensland Police owe certain duties of care to individuals in their custody and to the public. When police fail to meet those duties, such as failing to protect someone from harm or failing to properly investigate a crime, and you suffer loss or injury as a result, you can sue QLD police for negligence.

Wrongful Detention & Custody Issues

Being held in police custody longer than lawfully permitted, being denied access to legal representation, or being subjected to improper custody conditions may all form the basis for suing QLD police and claiming compensation from the State of Queensland.

How We Help You Sue QLD Police

At O’Brien Criminal and Civil Solicitors, we act swiftly and strategically to build the strongest possible case when suing QLD police. Our approach is thorough, evidence-driven, and focused on achieving maximum compensation for you.

Investigating Claims

We conduct a comprehensive investigation to gather all relevant evidence. This includes obtaining police body-worn camera footage, CCTV, police records (such as the QPS occurrence report and custody records), medical reports documenting your injuries, and witness statements. We know exactly what evidence is needed when suing QLD police in Queensland courts.

Negotiating Settlements

When suing QLD police, you are actually suing the State of Queensland, not individual police officers. We engage directly with the Crown Solicitor's Office and negotiate assertively on your behalf. Our reputation for achieving strong results often leads to favourable settlements without the need for a lengthy trial.

Litigating in Queensland Courts

If a fair settlement cannot be reached, we are ready to take your case for suing QLD police to court. Our experienced litigators have appeared in the Magistrates Court, District Court, Supreme Court, and Court of Appeal in Queensland. We fight aggressively to secure the justice and compensation you deserve.

Meet Our QLD Police Lawsuit Specialists

With decades of combined experience, O’Brien Criminal and Civil Solicitors is recognised as one of Australia’s leading law firms for suing police. Led by firm founder and Principal Solicitor, Peter O’Brien, our team has successfully represented clients in landmark police misconduct cases across Queensland and throughout Australia.

Our lawyers are Law Society Accredited Specialists in Civil Litigation, representing the highest level of professional expertise. We have handled more claims for suing police than any other firm in Australia, and our results speak for themselves.

Whether your case involves the Brisbane CBD, Gold Coast, Sunshine Coast, Townsville, Cairns, or regional Queensland, we have the knowledge, resources, and determination to hold the Queensland Police Service accountable when suing QLD police.

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Our Process for Suing QLD Police

1. Free Initial Consultation

Contact us for a free, confidential discussion about what happened to you. We will assess the strength of your claim for suing QLD police, explain your legal rights, and discuss our no win, no fee arrangement. There is no obligation and no cost to speak with us.

2. Investigation & Evidence Gathering

Once you engage us, your dedicated lawyer will immediately begin building your case. We will gather all available evidence, obtain expert reports if needed, and prepare a comprehensive brief that proves the police acted unlawfully and details the harm you suffered.

3. Communication & Updates

We keep you informed at every stage of your case for suing QLD police. You will receive clear explanations of the legal process, regular updates on progress, and be involved in all key decisions about your case strategy.

4. Pursuing a Resolution

We will negotiate firmly with the State of Queensland to achieve a fair settlement for you. Most cases for suing QLD police are resolved through negotiation, saving you the stress of a trial. However, if the State refuses to offer adequate compensation, we will not hesitate to take your case to court and fight for the full amount you deserve.

Thinking about taking action over QLD Police conduct? Our civil law team can walk you through your options and help you understand your rights so you’re not dealing with it alone.

What to Do if You're Considering Suing QLD Police

The steps you take immediately after experiencing police misconduct are critical to protecting your legal rights and building a strong case for suing QLD police.

General Tips for All Civil Proceedings

Don’t deal with this on your own. The civil law team at O’Brien Criminal and Civil Solicitors can help you understand your options and represent you in court or mediation. We’ll push for a fair outcome and give you clear, practical advice along the way.

Voices of Justice: Client Reviews

Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.

FAQs

What constitutes police misconduct in Queensland?

Police misconduct is any unlawful, criminal, corrupt or inappropriate conduct by a Queensland Police Service officer, whether on or off duty. This includes:

  • Excessive force or assault
  • Wrongful arrest
  • False imprisonment
  • Malicious prosecution
  • Unlawful searches
  • Trespass
  • Corruption
  • Breach of duty
  • Abuse of authority

In Queensland, police misconduct is overseen by the Crime and Corruption Commission under the Crime and Corruption Act 2001 and covers any actions that violate your legal rights or proper policing standards.

How long do I have to sue QLD police?

You have 3 years from the date of the incident if your case involves personal injury (such as assault or psychological harm).

For non-injury claims like property damage or false imprisonment without injury, you have 6 years.

Courts rarely grant extensions to these strict deadlines, so it's crucial to act promptly when suing QLD police.

Can I sue QLD police if I was charged with a crime?

Yes, absolutely. You can sue QLD police for misconduct even if you were charged with a criminal offence. Your civil claim and any criminal proceedings are completely separate.

Many successful claims when suing QLD police involve situations where:

  • Charges were later withdrawn or dismissed
  • You were found not guilty
  • The charges are still ongoing

Being charged doesn't prevent you from seeking compensation for unlawful police conduct.

What does "no win, no fee" mean when suing QLD police?

"No win, no fee" means you don't pay legal fees unless your case is successful.

  • If you win: Your legal fees are typically deducted from your compensation.
  • If you lose: You may still need to pay:
    • Disbursements (out-of-pocket expenses like medical reports)
    • Potentially the other party's costs

It's essential to carefully review your conditional costs agreement to understand what constitutes a "successful outcome."

How much compensation can I get when suing QLD police?

Compensation varies significantly depending on your case. Factors include:

  • Physical injuries
  • Psychological harm
  • Loss of income
  • Legal costs
  • Reputational damage
  • Length of unlawful detention
  • Humiliation and distress

In Queensland, settlements when suing QLD police have ranged from thousands to hundreds of thousands of dollars. Queensland Police Service pays millions each year in compensation for unlawful conduct.

Will the police officer who wronged me have to pay?

No. When suing QLD police, you sue the State of Queensland, not the individual police officer.

Any compensation awarded comes from the state government, not the officer's personal funds. This system ensures you can recover compensation regardless of an individual officer's financial circumstances.

However, your claim may trigger internal police investigations or Crime and Corruption Commission investigations and potential disciplinary proceedings against the officer.

Will suing QLD police affect the officer's job?

Civil claims don't automatically result in disciplinary action or employment consequences for officers.

However, your lawsuit may prompt:

  • Internal reviews by QPS
  • Crime and Corruption Commission investigations
  • Potential disciplinary proceedings

While not guaranteed, successful claims when suing QLD police can contribute to broader accountability.

What evidence do I need when suing QLD police?

Strong evidence is crucial. Gather:

  • Witness statements – yours and from others present
  • Medical records – documenting all injuries
  • Photographs – of injuries or the scene
  • Police documents – arrest records, court notices, charge sheets, bail papers
  • Body-worn camera footage – from QPS officers
  • Financial records – showing lost wages or expenses
  • Correspondence – with police
  • Video footage – from CCTV or any source
  • Text messages – relevant to the incident

Time-stamped details are vital. Your solicitor will help identify and obtain necessary evidence, including QPS records and footage.

How long will my case take when suing QLD police?

Cases for suing QLD police typically take 12 to 24 months to resolve, though complex matters may take longer.

The timeline depends on:

  • Case complexity
  • Evidence gathering
  • The State of Queensland's response time
  • Whether settlement negotiations succeed

Many cases settle before reaching court. Cases that proceed to trial take longer. Your solicitor will provide a realistic timeframe during your consultation and keep you informed throughout the process.

Civil Law Case Studies

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O’Brien Criminal & Civil Solicitors
e: 
p: 02 9261 4281

a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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