Application: Special Hardship Order
Court: Pine Rivers Magistrates Court
Solicitor: Colleen Battersby
Date: June 2022
Our client was subject to a good driving behaviour period of twelve months for accumulating too many demerit points. Unfortunately, during this time she received a speeding infringement and 3 demerit points which caused her to breach her good driving behaviour period.
She had previously engaged another firm to prepare and file her application for a Special Hardship Order and supporting affidavit. However, following an initial conference with our Ms Battersby she opted to engage our firm instead.
In circumstances where her application was previously filed, she had an upcoming court date. We appeared at this time and sought the matter be adjourned to file an addendum affidavit on her behalf. This is because her original affidavit was lacking significant detail and we wanted to ensure she was placed before the court in the best position possible.
The Special Hardship Order was critical to her employment because she is required to travel between numerous different job sites in a day and transport heavy equipment. Effectively, she would not be able to perform her roles and responsibilities if she was not the holder of a valid driver licence.
We liaised with both our client and her employer to prepare affidavit material and show the court that a refusal to grant a Special Hardship Order would cause her extreme financial hardship by depriving her the means of earning an income.
We filed an addendum affidavit on her behalf and an affidavit of her employer ahead of the application Hearing in court.
Our Ms Battersby then liaised with the Department of Transport and Main Roads (“TMR”) prior to the Hearing date. Through our discussions with TMR, we were able to secure their consent to granting our client a Special Hardship Order.
Ultimately, the decision rests with the Magistrate. After considering our material and having regard to all the facts and circumstances, her Honour stated that she was satisfied that our client fulfilled all of the necessary criteria and was minded to grant the application.
Our client was granted a Special Hardship Order, which allowed her to drive for work purposes.
This is a summary of an actual case. Details have been omitted to protect the privacy of our client. We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.