O’Brien Criminal & Civil Solicitors is able to represent you if you have been contacted by the NSW Department of Fair Trading about your Contractor’s Licence.
In December 2018, Fair Trading commenced an investigation into qualification certificates issued by the now defunct Green Skills Australia.
NSW Fair Trading has since this time issued letters (as below) to over 100 people who obtained a certificate of qualification from Green Skills Australia, with a view to either cancelling these licences or commencing criminal prosecutions or both.
If you have received the following letter, you may not have done anything wrong and may not have anything to worry about. However, you should contact us immediately for advice and representation to help you keep your licence and avoid/defend a prosecution.
What is NSW Fair Trading?
NSW Fair Trading regulates the rights of all consumers and aims to achieve fair and ethical practice in the marketplace. Fair Trading requires a number of business, trade and building activities to have a licence, permit or certificate, and aims to maintain acceptable standards of conduct through enforcing compliance checks.
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 consideration of Fair Trading is whether they have sufficient evidence against you and whether they consider the prosecution to be in the general public interest.
Contact O’Brien Criminal and Civil Solicitors Today
Our firm has extensive experience in dealing with Fair Trading prosecutions from straightforward allegations of ‘unlicensed trading’ to more complex matters relating to compliance. 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 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.
Please contact us on (02) 9261 4281 for legal advice and representation from a lawyer experienced in dealing with NSW Fair Trading prosecutions. Alternatively, you can leave us a message through our online contact form.