Prosecutions & Enforcements
In both Melbourne and Sydney, Maddocks' Prosecution and Enforcement Team acts for a large number of local government and statutory body clients in the prosecution and enforcement of those clients' laws. The Team also has extensive experience acting for defendants.
Almost daily a member of the Team will be in the Magistrates' or County Courts or the Victorian Civil and Administrative Tribunal (in Melbourne) or the Local Court or Land and Environment Court (in Sydney) undertaking the prosecution or defence role for our clients. Appeals to higher courts forms a substantial part of the practice.
In Sydney, the Team has successfully represented our government clients across the entire spectrum of enforcement and prosecution matters, relating to offences under environmental protection (including threatened species and native vegetation), planning and environment and local government legislation. The Sydney team has not only prosecuted but successfully acted in defending proceedings brought for various offences pursuant to the above legislation, providing our team with the strategic skills to successfully manage prosecution and enforcement proceedings.
In Melbourne, with several lawyers devoted almost exclusively to prosecution and enforcement – and over 20 local government and statutory authority clients - the Team is undoubtedly the largest private practice prosecution team in the State.
With its shared expertise and experience (Melbourne and Sydney), the Team has an unsurpassed knowledge of evidence gathering, rules of evidence, court protocols and precedents. This means that, in addition to advocacy, we are called upon to run in-house training for enforcement officers and to prepare training manuals and protocols. We are also regularly called upon to prepare instruments of delegation/authorisation, proofs of evidence, Notices of Intention, Orders and Summons.
Our lawyers are often invited to speak at peak body seminars and conferences on the full range of enforcement matters.
Areas of law
- Food Act (Vic), Health Act (Vic), Public Health and Wellbeing Act (Vic), Protection of the Environment Operations Act (NSW)
- Building Act (Vic), Planning and Environment Act (Vic), Local Government Act (Vic) and (NSW), Domestic (Feral and Nuisance) Animals Act (Vic), Environmental Planning and Assessment Act (NSW)
- Threatened Species Conservation Act (NSW), Native Vegetation Act (NSW), Companion Animals Act (NSW), Water Act (NSW), Water Management Act (NSW), Fisheries Management Act (NSW)
- Architects Act (Vic), The Construction Industry Long Service Act (Vic), Domestic Building Contracts Act (Vic)
Our lawyers also make regular appearances in Magistrates' Courts throughout Victoria.