Maddocks has a large compliance and enforcement team of more than 12 dedicated lawyers, headed by two partners John Rantino and Prue Burns.
The team has an extensive understanding of, and experience in, prosecutorial duties and discretion and is very conscious of the model litigant obligations of government clients and of prosecution-related policies.
We regularly conduct prosecutions ranging from highly complex and politically sensitive matters through to high-volume matters. Our breadth of experience in prosecutions and enforcement allows us to offer highly developed, thorough and efficient systems for matter management.
Together, our lead partners have close to 50 years’ experience in this area, appearing in more than 1000 prosecutions.
How can we help?
We advise on the full range of enforcement-related matters including:
- advising on infringement powers and processes and the issuing of notices and/or orders as an alternative means of enforcement
- conducting negotiations to resolve enforcement matters efficiently where appropriate
- obtaining injunctions and enforcement orders from the relevant tribunals and courts to restrain breaches of the law or to reinstate land where a breach has been committed
- appealing convictions and sentences to the superior courts
- undertaking judicial reviews of administrative acts
- reviewing prosecution briefs to advise on evidence and prospects of success, as well as advising on the evidence gathering and investigation process to ensure admissible evidence of the highest quality is obtained
- appearing as advocates in most prosecution matters – our prosecution lawyers have participated in training by the Australian Advocacy Institute and regularly undertake the appearances on prosecution matters or, where appropriate, are used to efficiently brief barristers to appear
- drafting and reviewing instruments of authorisation and delegation and preparing statutory evidentiary certificates and notices
- advising on the efficacy of enforcement options and on potential enhancements through legislative amendment, including drafting discussion papers and advising on cabinet submissions and drafting instructions
- advising on the management of media interest in prosecution and enforcement matters
- drafting complaints management and prosecution manuals, prosecution and enforcement policies, internal guidelines and precedents
- delivering training to authorised compliance officers on gathering evidence, preparing briefs, powers of entry, cautioning and taking records of interview, admissibility issues, giving evidence, ethical obligations, and risk management. Our lawyers often speak at peak body seminars and conferences on prosecution and enforcement topics.
See also: Licensing & Disciplinary Inquiries