Regulatory Prosecutions

Regulatory Prosecutions

If you’re a landholder or business owner facing prosecution for breaching planning or environmental laws, the consequences can be serious – fines, criminal convictions, court orders to stop work, or mandatory remediation. These cases are usually brought by councils or State government departments, and often proceed on a strict liability basis, meaning you can be found liable even if the breach wasn’t intentional.

I provide strong, strategic legal representation to help you navigate these proceedings—whether you’re defending a prosecution or dealing with enforcement action under legislation such as the Planning Act 2016, Environmental Protection Act 1994, Biosecurity Act 2014, or Food Act 2006.

Court Representation

 Most regulatory prosecutions start in the Magistrates Court as summary proceedings. Some prosecutions may escalate to the Planning and Environment Court, particularly if the regulator is seeking enforcement orders, declarations, or injunctions.

I represent clients in both courts. You’ll get continuity of legal support—from the first regulator contact through to any final court hearing or negotiated resolution.

My Approach

These prosecutions involve a complex mix of regulatory compliance and criminal law. I take a direct, practical approach, giving you clear advice on the strength of the case, the options available, and the likely consequences.

I don’t drag things out. I focus on getting to the heart of the issue quickly, whether that means negotiating with the regulator or mounting a defence in court.

Why Early Legal Advice Matters

 Responding properly from the start can make a major difference. Whether you’ve received a show cause notice, an enforcement notice, or a court summons, early advice helps you avoid missteps, limit penalties, and preserve your rights.