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Individual Podcasts

Mastering Contravention Applications: Navigating Uncertainty Under the New Act

Since the legislative amendments came into effect May 2024, there has been a degree of uncertainty when it comes to how the Court will deal with contravention matters. Recent decisions indicate there is a difference of opinion across the Court as to what exactly needs to be done i

Date/Time

About the Podcast

Since the legislative amendments came into effect May 2024, there has been a degree of uncertainty when it comes to how the Court will deal with contravention matters. Recent decisions indicate there is a difference of opinion across the Court as to what exactly needs to be done in advance, what the Court may expect from you at the first return date and how the matter may proceed. With all this uncertainty and inconsistency, it is hard for practitioners to know exactly what to advise clients and just how much work to do in advance of the first hearing. To explore this issue in more detail, this session shall:

  • Discuss the legal framework and requirements for contravention applications and the remedies available under the new Act, and flag which matters will still be heard under the old Act
  • Discuss the practicalities to consider when considering whether or not to apply - does filing a contravention application help your client achieve their desired outcome?
  • Explore the procedural aspects to consider when you are acting for the Applicant and when you act for the Respondent – should you file in advance or wait until a prima facie case is established?
  • Guide practitioners through how to properly particularise orders sought and affidavits in quasi-criminal proceedings, and what to do when faced with an ill-prepared application

Presented By

Richard Galloway
Barrister, Una Prentice Chambers Brisbane, QLD

Richard is a long standing member of the Queensland Bar. After obtaining his BA, LLB from the University of Queensland and spending a year as associate to a Justice of the Supreme Court, Richard was in general litigation practice before moving principally to family and relationship law. As a leading practitioner Richard has a wealth of experience representing parties in litigation.

Trials and appeals can be long, hard and the law often complex. Richard brings care, experience and knowledge to matters in which he is briefed. He aims to distill any dispute to its essential parts, going to trial with clarity, purpose and strength.

Richard also has an extensive opinion and advice practice and frequently presents papers on various aspects of the law at symposia, conferences and seminars.

CPD Information

35 minutes 

0.55 CPD hours/units/points

WA Lawyers – TEN is unable to verify that you have earned CPD for this product as we cannot verify that you have listened to the podcast which is a requirement of the LPBWA.  TEN is an accredited provider.
 

Enquiries/Assistance

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