Our solicitors act as defence lawyers for many different types of matters, from criminal cases to administrative cases such as Fair Trading prosecutions.
Is it worth getting a lawyer for a Fair Trading prosecution?
Absolutely yes. If you are successfully prosecuted by NSW Fair Trading you will be looking at enormous fines and potentially significant damage to your business/trade. The mere loss of your licence or permit may have a huge impact on your ability to work in your trade. Not to mention a very stressful process before and during court.
What can Fair Trading defence lawyers do?
At O’Brien’s our number one priority is to look after you in every possible way. This is how we do it:
- We start by treating you with respect.
- We then examine your legal issue thoroughly.
- We then let you know whether we think it will be worth your while to have us represent you and why.
- We then explain what the options are and which one we think is the best one.
- We then let you choose what option you want us to take.
- We then take care of business and reduce as much stress on you as possible.
Our aim is to get your legal issue resolved as positively and efficiently as possible so that you can get back to focusing on your business/trade.
How can O’Brien’s help me with a Fair Trading case?
We can assist in several ways.
- As Fair Trading defence lawyers, we can examine the law. It may be that Fair Trading have incorrectly charged you or that you have a defence under law. If there is a loophole in the case then we will find it.
- We can examine the evidence. It may be that the evidence as a whole demonstrates your innocence or reveals a defence. It may be that the evidence is insufficient to prove any offence against you.
- We can negotiate before court. It is common in Fair Trading prosecutions for an outcome to be negotiated before court. This saves everyone money and with one of our lawyers negotiating for you the fine will be much less than if you did it yourself.
- We can ensure that if you are penalised in court that it is the lowest penalty possible.
We have extensive experience in dealing with Fair Trading prosecutions from straightforward allegations of ‘unlicensed trading,’ ‘dodgy building practices’ and ‘dirty kitchens’ to much more complex matters relating to compliance.
What is NSW Fair Trading?
NSW Fair Trading is the part of Government that regulates the consumer market place. Its primary aim is to achieve fairness in the marketplace for all.
What does NSW Fair Trading do?
Fair Trading legislation requires a number of business, trade and building activities to have a license, permit or certificate. There will often be conditions attached to these licenses, permits or certificates.
Licensing schemes presently exist for:
- home building, including electricians, plumbers and carpenters;
- motor dealers and motor vehicle repairers;
- travel agents;
- real estate agents and conveyancers;
- pawnbrokers and secondhand dealers.
Fair Trading also sets and seeks to maintain acceptable standards of conduct and enforces this by conducting compliance checks.
If you are about to start a business, conduct some trading or engage in some building then you should check with NSW Fair Trading what licenses/permits/certificates you may require and what other things you may need to do to ensure compliance with the Fair Trading Laws.
Can I be prosecuted by Fair Trading?
Yes. Fair Trading will often try to deal with breaches by way of a caution or a penalty notice. However, if the breach is considered serious or if you have a history of breaching then they may begin a prosecution in court. The paramount considerations of Fair Trading is whether they have sufficient evidence against you and whether they consider the prosecution to be in the general public interest.
Do I have to pay a penalty notice?
No. You can elect to have your Fair Trading case dealt with by a court.
You can see one of our recent decisions with a Fair Trading case here
You may also be interested in Fair Trading’s action on the topic of Green Skills Australia and the validity of licences granted under their auspices.