Special hardship orders – Driving Law

Special Hardship Licences for Tradies in Queensland

Steven Brough — Tue, 14 May 2024 09:43:00 +0000

In the bustling world of trades, mobility is not just a convenience; it’s a necessity. Tradespeople rely on their ability to travel from site to site, carry essential tools and sometimes even transport team members. However, facing a licence suspension can bring this vital mobility to a grinding halt, potentially jeopardizing livelihoods and ongoing projects. This is where the special hardship licence may become an essential option for Queensland tradies.

What is Special Hardship Licence?

A special hardship licence or special hardship order is a licence issued when you exceed 2 demerit points on a good driving behaviour period or have exceeded the speed limit by more than 40 km/h (high speed suspension). It is also known as a hardship licence, SHO, demerit point licence, good driving behaviour licence or special hardship order.

If you accumulate too many demerit points, Queensland Transport will write to you giving you the choice of a licence suspension (usually 3 months) or a 12 month good behaviour driving period where you have 1 demerit point for 12 months (a notice to choose). If you choose the suspension or do not reply to this letter, then you have no appeal and cannot get a hardship licence.

If you opt for a good behaviour driving period and lose two or more demerit points during that period, in certain circumstances you can apply to a Magistrates Court for a special hardship order to enable you to drive for particular purposes only. The grounds for applying are:

that losing your licence will result in extreme hardship to you or your family by depriving you of the means of earning a living; or

that losing your licence will cause you or your family severe or unusual hardship

Where you have exceeded the speed limit by more than 40 km/h (high speed suspension) then once that offence is finalised (generally when the speeding ticket is paid) Queensland Transport will send a letter with a date your licence will be suspended for 6 months and it is at this point you may be apply for a special hardship licence.

Eligibility Criteria

The path to securing a special hardship licence comes with strict eligibility criteria. Understanding these requirements is the first step towards preparing a strong application:

Licence Status: Applicants must hold an open or provisional Queensland driver’s licence. Importantly, if your licence has been disqualified by a court or suspended by Queensland Transport (excluding suspensions related to unpaid SPER debts) in the last five years, you may not be eligible.

Reason for Suspension: A special hardship licence is available to those who have exceeded the demerit points on a good behaviour period or have been caught driving over 40 km/h above the speed limit. It is not available for court-ordered disqualifications, drink driving offences (where a work licence is required), learners licence holders, or those without a licence.

Driving Conditions: If granted, the licence will specify conditions, generally allowing you to drive for work purposes and/or certain defined occasions, such as taking someone to regular medical treatments or driving children to school when no public transport options exist.

Applying for a Special Hardship Licence

The application process for a special hardship licence requires careful preparation and an understanding of the legal framework. From gathering the necessary documentation to presenting a compelling case in court, the guidance of experienced traffic law professionals can be invaluable.

The application must have detailed affidavits filed before the court date addressing all the things the court must consider when deciding whether to grant a special hardship licence or not.

Clarity Law Queensland, with its extensive experience in traffic law, offers expert assistance in navigating the complexities of applying for a special hardship licence. Our team is dedicated to helping tradespeople maintain their livelihoods and continue contributing to their communities without interruption.

If you’re a tradie facing a licence suspension and believe you meet the eligibility criteria for a special hardship licence, don’t hesitate to reach out for professional advice and support. The road ahead might seem daunting, but with the right guidance, you can secure the outcome you need to keep your business moving forward.

Key Benefits of Hiring Clarity Law to Represent you

Obtaining a special hardship licence can significantly mitigate the impact of a licence suspension. Here are the key benefits for tradespeople:

If your hardship licence is granted, you need to visit Queensland Transport to have your licence re-issued as a special hardship licence. However, unless you are driving for work purposes or returning to work from Queensland Transport, you would need alternative transportation as your licence won’t cover the trip between Queensland Transport and your home. During the validity of the hardship licence, you must comply with any court order requirements, such as completing a logbook, and keep a copy of the court order in any vehicle you drive.

What if the court doesn’t grant the hardship licence?

If the court decides not to grant a special hardship licence, there’s currently no option to appeal this decision. It’s crucial to ensure your application is accurate to avoid refusal by the Magistrate. Legal advice might be necessary to stay updated on any changes regarding appeals.

How many demerit points do I have on a hardship licence?

On a hardship licence, you have no demerit points. If you accumulate demerit points during this period, you risk losing your driver’s licence for double the initial suspension period.

Can I vary the hardship licence after it is granted?

Yes, if your circumstances change, you can apply to the court to vary your current hardship licence order. Refer to our article on varying a special hardship order for more information.

What happens if I’m caught driving outside the terms of the hardship licence?

Driving outside the terms of the hardship licence results in its cancellation, along with an additional three-month disqualification period. You may also face fines and be required to appear in court.

What happens when the hardship licence ends?

At the end of the special hardship order (SHO) period, you can return to Queensland Transport to have your licence reissued without the ‘X3’ condition code at no charge. Regarding demerit points incurred before the SHO and still on your record, it’s advised to clarify with Queensland Transport upon reissuance of your licence. Note that demerit points from high-speed offences remain for three years.

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills. The money goes into a trust account and cannot be taken by us until the matter is completed.

We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you. Clarity Law on the other hand are happy to list our prices as we are sure that although we are not the cheapest our prices, given our experience, is very competitive

We charge $2,990 for drafting the affidavits and appearing in Court to argue the special hardship licence should be granted.

Which areas do you service

We have offices in Brisbane and on the Gold Coast, Sunshine Coast, in Strathpine, Loganholme, Ipswich and Hervey Bay but in most cases we can handle everything by email and the phone without you ever having to come into our office. We are also open outside normal business hours for your convenience.

Most of the information we require you can complete with an online form from your phone or tablet.

You will also have the direct email address and mobile phone number of your lawyer so you can ask any question you may have. We believe in given client the very best experience possible and that starts with great communication and fast responses to your queries. Our client services manager Belinda is also just a phone call or email away to answer any questions you have.

We cover the following court in Queensland.

Brisbane

BeenleighBrisbaneCleveland

Holland ParkPine RiversRichlands

SandgateWynnum

Sunshine Coast

CabooltureCaloundraGympie

Maroochydore NambourNoosa

Toogoolawah

Gold Coast

BeaudesertCoolangattaSouthport

Darling Downs

Gatton Toowoomba Ipswich Dalby Kingaroy

Fraser Coast

Maryborough Hervey Bay Bundaberg

How do I get more help or engage you to act for me?

We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout Queensland.

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about special hardships. You will not be chased or hounded to engage us. Remember its critical you get advice before going to court, failing to get a special hardship licence or one that is too restrictive will have an impact on you, your family and your employment or business.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.

Special Hardship Order Conditions in Queensland

Steven Brough — Tue, 19 Mar 2024 11:59:00 +0000

This article seeks to expand upon what conditions the Court can impose on a person if they grant them a restricted licence under section 317 of the Transport Operations (Driver licencing) Regulation 2021.

This article, is not an overview of Special Hardship Orders – we have a comprehensive article here.

What conditions can the court impose on me?

There are conditions which the court will impose that are common regardless means of a hardship licence you are seeking (work or other purposes).

The court will authorise the applicant to:

Continue to drive a motor vehicle of the class that you are licenced for;
Between certain hours;
The applicant must carry a copy of the order with them at all times when driving;
Drive under this licence provided they have a valid open or provisional licence;

To travel as directed by the applicants employer from time to time, on activities directly related to the applicants employment (this means to complete work, collect supplies, make deliveries ect. This DOES NOT include going for smoko or lunch); OR
To travel on activities directly related to the conduct of running the applicants business;
The court may require the applicant maintain a log book, setting out the time of departure and purpose of each journey prior to driving –and the logbook must be made available to QPS on demand;
The court may allow the applicant to carry passengers if required;
The court may require the applicant to wear a branded uniform when driving.

Severe and unusual hardship

The conditions the court can impose on a person driving for purposes other than the means of earning their living can be as varied as necessary to achieve the purpose of the licence, such as:

Limiting passengers to specific people (such as the applicants children or dependant);
Limit the purpose and destination of trips (such as the applicant transporting a child or dependant to a medical or specialist appointment).

What happens if I breach one of these conditions?

If you breach a condition of a Special Hardship Order, the licence will be cancelled and you will be charge with an offence under s79 of the Transport Operations (Road-Use Management) Act 1995, which will accompany the disqualification of your licence for a period of three months and likely a fine.

What happens if my circumstances change, I need different hours or conditions?

If it is the case that you need to adjust the conditions of the licence, such as hours or passengers, you need to make an application to vary the Order to the court you are in the jurisdiction of.

Conclusion

It is important to get your required conditions right the first time around, this avoids you having to attend court multiple times, paying additional fees and, critically, ensuring that you are not in breach of your order. It is not recommended that you attempt to undertake a Special Hardship Order application on your own, an experienced traffic lawyer can draft the necessary affidavit paperwork to ensure that the order covers the necessary conditions.

To remove any of the mystery around these orders, we have included in this article, the draft order form which TMR, the applicant and the court uses!

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our special hardship order page.

How Many Demerit Points Do You Have on a Special Hardship Order?

Steven Brough — Wed, 10 Jan 2024 11:17:00 +0000

If you are granted a special hardship licence how many demerit points do you have while on the SHO?

Background

In the event of a licence suspension where the need to continue driving is imperative, such as for employment purposes, individuals may qualify to apply for a Special Hardship Order (SHO).

A SHO is a legal order issued by the court, permitting a driver with a suspended provisional or open licence to continue driving under specified and restricted conditions.

It’s important to distinguish a SHO from a restricted (work) licence, which is applicable in cases of convictions for drink or drug driving offences.

Eligibility criteria

To be eligible for a SHO, the applicant must possess a Queensland provisional or open driver licence that has been suspended due to either:

Accumulating 2 or more demerit points during a one-year period of good driving behaviour.
Committing a high-speed driving offence, exceeding 40km/h over the speed limit.

Applicants with a suspended learner’s licence are not eligible to apply for a Special Hardship Order.

Non-Eligibility

Applicants are ineligible to apply for a SHO if, within the five years preceding the licence suspension, they have:

Experienced a cancellation or suspension of their Queensland driver licence.
Been disqualified from obtaining or holding a Queensland driver licence.
Had their authority to drive in Queensland on a non-Queensland driver licence suspended.
Become ineligible to apply for a Queensland driver licence due to:
- Excessive demerit points.
- Conviction of driving more than 40km/h over the speed limit while unlicenced.
- Conviction of operating a vehicle dangerously.

However, exceptions may apply if the individual has faced:

Suspension for failing to appear in court for a drink or drug driving charge.
Immediate licence suspension due to an alleged drink or drug driving offence.
A 24-hour suspension related to a matter concerning drink or drug driving.
Suspension imposed by the State Penalties Enforcement Registry.

Understanding these criteria is essential for individuals navigating the SHO application process, ensuring they meet the necessary conditions for eligibility.

So how many points do you get on a special hardship order?

You have zero demerit points on a special hardship order. Any offence that attracts any demerit points will mean your hardship order will be cancelled.

A list of offences that attract demerit points can be found here

Also if your special hardship order is cancelled you will lose your licence for double the double the order period.

Example:- You are 4 months into a 6 month SHO period, you get an infringement notice for speeding 9 km/h over the speed limit. The offence attracts 1 demerit points so your SHO will be cancelled and your licence will be suspended for 12 months.

Can I appeal if my special hardship order is cancelled if I get demerit points?

No.

Can I apply for another SHO if my current SHO is cancelled?

Not for 5 years.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about varying a special hardship order.

You won’t be chased or hounded to engage us.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our special hardship order page.

Varying a Special Hardship Order

Steven Brough — Wed, 20 Dec 2023 05:49:00 +0000

Given a special hardship order will last at least 6 months then there will be times when circumstances change and the hardship order needs to be modified. The question then is can you vary or change a special hardship licence?

The basics

If you accumulate too many demerit points, TMR will write to you giving you the choice of a licence suspension (usually 3 months) or a 12 month good behaviour driving period where you have 1 demerit point for 12 months (a notice to choose).

If you elect a good behaviour driving period and incur 2 or more demerit points then you may need to apply for a special hardship licence.

Who can apply?

If you have had your licence disqualified by a court in the last five years you are not eligible to apply for a special hardship licence. In most cases, if your licence has been suspended by TMR in the last five years you will also not be able to apply for a special hardship licence unless that suspension related to an unpaid SPER debt. You must also hold an open or provisional Queensland drivers’ licence to apply for a hardship licence.

What the special hardship order usually states

Generally the special hardship order will have a number of conditions imposed by the magistrate.

Those conditions might include;

Restricting the days and hours you can drive
Restricting whether you can carry passengers
Requiring you to complete a logbook
Requiring you to wear your work uniform when driving
Restricting who you can work for
Restricting the type of driving you can do
Restricting the types of vehicle you can drive

Can you apply to vary a current special hardship order?

Yes, you can apply to vary an existing special hardship order.

What might be some reasons I would need to vary a special hardship order?

There are a number of reasons why you might need to seek to vary a special hardship order. These might include;

The hardship order restricts you to a certain employer and you wish to change your job
The hardship order restricts the type of driving you are able to do and you a have a new position at work and need to do different driving
A family member has become quite sick and you need to drive to take care of them
The current order doesn’t allow you to drive with a passenger in the car but your work now requires you to drive an apprentice
You are only allowed to drive certain vehicles but your work now requires you to drive a different class of vehicle

How to seek a variation of a special hardship order?

A variation requires you to apply back to the magistrates court closet to where you live to change the order.

What material needs to be filed with the court?

It would, at a minimum, require you to file in court the following;

An affidavit of yourself
An affidavit of your employer (if appropriate)
Variation of special hardship order form

What do I need to prove to the court?

You need to prove that not varying the current special hardship order would cause one or both of the following;

extreme hardship to you or your family by depriving you of your means of earning a living
severe and unusual hardship to you or your family, other than by depriving you of your means of earning a living.

You also need to prove you are a fit and proper person to continue to drive, having regard to your traffic history and the safety of other road users and the public generally.

In essence you need to prove all the things that you did when you first made the application for a special hardship order plus the reason why the court should now change the current special hardship order.

Conclusion

It is possible to seek to change an existing special hardship order but it requires detailed affidavit’s and information to be filed as well as a court appearance.

It is not possible just to show up at court and seek to have them vary the current order.

Can you help me make an application to vary the hardship licence?

Yes, we absolutely can.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

You won’t be chased or hounded to engage us.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Special hardship order lawyers page.

My Special Hardship Order Application Is Being Opposed — What Can I Do?

Steven Brough — Thu, 06 Jul 2023 05:15:00 +0000

So, you have filed your application for a special hardship licence, you have a court date and all of your material has been filed with Queensland Transport and Main Roads (TMR), you think you’re ready and then you get a letter from TMR saying they are going to oppose your application.

What do you do now?

You and your family’s finances including:

What is a special hardship application?

Let’s first look at who can apply for a special hardship application.

Special hardship applications are only for people who are in one of two situations:

You have exceeded 1 demerit point while on a good driving behaviour period or
You have exceeded the speed limit by more than 40 km/h

Special hardship applications don’t apply to people who are face the loss of licence due to any other reason such as drink driving.

We have a full article on special hardship applications that explains more on who can apply and how.

What material needs to be filed in court?

Is it up to you to prove you both qualify for a special hardship application and that you need one.

The way you do this is by filing with the court affidavits set out generally the following:

Family details

Name, age, address, who you live with

Details of your employment or business

How long you have work with your

What your work consists of

What driving you do for work

What days/hours you work

Why you need a hardship licence

What will happen without the licence

Why no other options such as taxis are appropriate

You and your family’s finances including:

Income earned

Expenses

Liabilities

If you are wanting to drive for non-work reasons full details of this and why the court should grant it need to be in the affidavit. It’s important to note that you just can’t turn up to the court and tell the court that you need the licence, it must be clearly stated in your affidavit material.

If you have a job then you’re going to need an affidavit of your employer not just a letter and an affidavit setting out why you need a licence, the days and hours you work and if you are not given a hardship licence that you won’t have a job. All of the affidavit evidence must be filed before the court date in your local Magistrates Court and a copy served on TMR.

Why are TMR involved in this process?

If you had a criminal charge then you would be prosecuted by the Queensland police prosecution service however in the case of a special hardship licence as this is not a criminal offence, it is in fact a civil application to the court, and so the police are not involved.

Because the police are not involved the government decided that they would create a prosecution service at TMR and that is who appears for the government at these applications. because they are prosecution service they are permitted to tell the court whether they object or do not object to the application being granted.

Why is TMR telling me they object to my application?

If TMR has objected to your application they will provide their reasons in writing. It is very important that you get a copy of this so you can see what you need to change or modify in your application.

We have found the following reasons of the most likely objections that TMR have to an application for a special hardship licence.

Insufficient information

This would generally be the thing that trips up most people. They simply don’t put in enough information into their application. As you can see above there is a lot of details that must go into the affidavit. The court has to be sure that you will suffer hardship from the loss of licence or other reasons. We often see people who have just not put enough details about the income and expenses and all the types of driving that they will need to do under the special hardship licence. People who are not employed and operate their own business or are contractors may need to put information in from their accountant to show how much income they have and how much their expenses are.

Another common thing we see is that a person has not put in details of when and where they need to drive under the special hardship license. You don’t get the ability to drive whenever and wherever and for whatever reasons you want the court needs to know exactly when you will drive and why.

No special hardship specified

The legal test is if the application is not granted a person will suffer:

extreme hardship to you or your family by depriving you of your means of earning a living; or
severe and unusual hardship to you or your family, other than by depriving you of your means of earning a living

The terms extreme hardship or severe and unusual hardship are there for a reason. The court wants to limit who can get a special hardship licence, it’s not enough to simply suffer a hardship it must be extreme hardship when it comes to losing the ability to make a living or severe and unusual hardship for any other reason such as needing to drive the children to school etc.

If you have not specified the hardship you’re suffer in the court can’t grow it the licence turn this is often a reason that TMR object to a person getting a special hardship licence.

The person is ineligible to apply

To be able to get a special hardship licence the applicant must not have had a loss of licence, except in rare exceptions, in the last 5 years. If you have lost your licence in court in the last 5 years you are not going to be able to apply for a special hardship licence or if your licence has been suspended by TMR you likely will not be able to apply for the hardship licence.

TMR will print out copy of your traffic history and may check other states and if they see that you are not eligible to apply they will object to the application being granted and will provide the court with a copy of your traffic history.

Material is not in an affidavit

Simply telling the court verbally the reasons why you need to drive is insufficient it must be in the affidavit. Therefore TMR may object to the special hardship order where you are seeking something that is not contained in your affidavit evidence.

The type of driving or days /hours for driving are not properly defined

The court is going to limit your driving to certain days and hours. If you have not properly defined in your affidavit the reasons you need to drive and where and when you need to drive then TMR may object.

You have not addressed a poor traffic history

People with a poor traffic history or those applying because they were driving more than 40 kim/h over the speed limit need to show the court that they are driving behaviour will change. This might be through a road safety course or other programme. The best course in Queensland is undoubtedly QTOP which provides an online course well recognised by all the magistrates courts in Queensland.

TMR objects what now?

If you have received an objection from TMR the best course of action is to try and provide the information that they require. This could be done through additional affidavit evidence or annexing new material to an affidavit.

This might mean you will have to seek an adjournment of your application to another court date so that you can provide the additional information to TMR so hopefully they will lift their objection.

I added extra information but TMR still objects

It might be that TMR say you do not qualify for a special hardship licence and in that case no additional information is going to make them change their mind that you are not eligible to apply.

If however you believe that you have provided the material they need then don’t forget TMR objecting to the application being granted is not the final say the magistrate makes the decision. We have seen many applications granted even if TMR have objected. In the end it’s all up to the magistrate whether the application is granted or not the objection to the application by TMR is just one of the factors they will take into account in deciding whether you should get a special hardship order.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our special hardship order page.

Special Hardship Order Applications

Steven Brough — Mon, 28 Nov 2022 11:30:00 +0000

Special Hardship Order Applications

A special hardship licence is a type of licence that allows you to drive under a set of conditions even though your driver licence has been suspended.

If you accumulate too many demerit points, Queensland Transport will write to you giving you the choice of a licence suspension (usually 3 months) or a 12 month good behaviour driving period where you have 1 demerit point for 12 months. If you choose the suspension or do not reply to this letter, then you have no appeal and cannot get a hardship licence.

Am I eligible for a Special Hardship licence?

You could be eligible for a Special Hardship Licence if you meet the following criteria:

You have been charged with driving more than 40km over the speed limit OR
You were on a 12 month good behaviour period and incurred one or more demerit points or AND
You need your driver licence for work or for another special reason

You are not eligible for a Special Hardship licence if:

You are not eligible for a work licence if you meet any of the following criteria:

You have been charged with any drink or drug driving offence or failing to supply a breath or saliva sample at the police station.
You hold a licence that is not a current Queensland Driver Licence (not a Learner permit)
You have had your licence disqualified, suspended or cancelled in the last 5 years.

What does a Special Hardship Application need to include?

When preparing a work licence application, you will need the following documents:

A special hardship order application form
An affidavit from you showing that you are a ‘fit and proper person’ to continue to hold and licence and that you or your family would stuffer extreme hardship because you are unable to work or severe and unusual hardship for another reason.
An affidavit from your employer – If you are self-employed you do not need this. If you have multiple employers, you will need one from each employer.

What do I need to include in my affidavit?

An affidavit is a written statement which is sworn in front of a lawyer or Justice of the Peace and is used as evidence in court. In your affidavit you need to include the following information:

Your name
Your address
Your occupation
Your family situation including who you live with, if you have children and if you provide support or assistance to anyone.
Details of your job:
- Your job title
- The company you work for
- How long you have held your job
- The hours you normally work
- The frequency with which you work overtime
- Why you need to drive for you job (e.g. is it just to and from work or do you drive as a part of your job)
Details of your financial situation:
- How much you earn from your job
- How much anyone else in your family earns from their job or receives from Centrelink
- Your weekly expenses
  - Rent / mortgage
  - Rates
  - Bills
  - Childcare / school fees
  - Groceries
  - Insurance
  - Credit card payments
  - Personal loan payments
- If you need the special hardship order for study, medical reasons or another special reason you should include information about why you need your driver licence and how you would suffer sever and unusual hardship without it.
- Details of the offence/s you committed
- Details of why you are a “fit and proper person”

What do I need to include in my employers affidavit?

If you are employed by a company you will need to get your immediate boss or a member of the HR department to provide you an affidavit which says you will lose your job if you don’t have a licence. This affidavit should include:

Your employers name
Your employers address
Your employers job title
Information about your job
- How long you have been employed
- What hours you are required to work
- Why you require your licence
- That if you don’t have your licence you will lose your job
Your employers assessment of your character

What goes into the special hardship application?

The application form for a special hardship is form F4401. It is available from the court registry or a Queensland Transport office.

The hardship licence application needs to include;

Your name
Address
Date and place of birth
Occupation

It will then ask a series of qualifying questions to make sure you are eligible to apply for a hardship licence.

The application form then has a place for the court to insert the court date and time of hearing and a further spot for Queensland Transport to acknowledge receipt of the application.

Once my affidavits and application are ready what do I do next?

Now that your affidavits are completed you need to file your application with the court.

In order to do this you will need to take 3 copies of each affidavit (which have been signed and witnessed by a JP or Solicitor) with you to court. Once at the court you should attend the registry and ask for a copy of the Special Hardship Order Application form. This form is self explanatory and requires you to put some details such are your name, address and driver licence number onto it.

Once the application is filled out you will then file a copy with the court registry. There is a fee associated with filing this application, for up to date fees please check the court website. Once your documents are filed the court will then give you a date for your matter to be heard. They will give you back the other two copies of the documents. One of those will need to be filed with the Department of Transport and Main Roads and the other copy is for you to keep.

All material should be filed a minimum of 3 business days prior to the hearing of your work licence application. This is to provide both the court and the prosecutors time to check the information in your affidavit.

How much do you charge for a special hardship application?

We charge a fixed price of $2,990 and this covers the drafting of the affidavits and appearing in court with you.

How do I get more help or engage you to act for me?

We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Email steven@claritylaw.com.au
Click here to select a time for us to call you back
Visit our main website page

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Special hardship order lawyers page.

Hardship Licence Affidavits

Steven Brough — Sun, 20 Nov 2022 07:36:00 +0000

It is essential for anyone making a special hardship license application to ensure that the application is accompanied by a detailed and comprehensive affidavit. The affidavit for the special hardship order application needs to cover everything from your financial situation to the hours and days you need to drive. Its critical to get the affidavit right as it’s the primary thing the court will look at when determining whether to grant a hardship licence and if they do on what terms.

This page is just about the affidavit needed, for full information on hardship license applications in Queensland visit our main page.

Why do I need an affidavit?

The affidavit is a requirement under the law. The law states that;

For subsection (1)(b)(i), the applicant must give the court—

(a)an affidavit made by the applicant outlining how a refusal to make the special hardship order would cause extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of the applicant’s means of earning a living; and

(b)if the applicant is not self-employed—an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application were refused.

What affidavits do I need?

You will need your affidavit as the applicant and if you are not self employed and are seeking to be able to drive under the order for work purposes you will need an affidavit of your employer.

Will a letter from my boss be enough?

No, the law requires an affidavit.

What is an affidavit?

An affidavit is a sworn statement in writing. It must be signed by the applicant and witnessed by a justice of peace, commissioner of declarations or a lawyer.

What needs to be in my affidavit?

The affidavit must set out all the details that shows how a refusal to make the special hardship order would cause extreme hardship to you.

Remember the law requires “extreme hardship” not just that something will be difficult or very hard. Typically the affidavit would cover;

Your personal circumstances
What work you do
The days and hours you work
Why you can’t use other transport
Your financial circumstances
How your employment/business income would be affected by not being granted a hardship licence
What personal driving you need
How the need for a special hardship came about
What conditions the court should impose on your special hardship licence

Your personal circumstances

Name

Age

Address

Who you live with

Family details

What work you do

How long you have work with your employer/business

What your work consists of

What driving you do for work

Why you need a hardship licence

What will happen without the licence

The days and hours you work

What days/hours you work. This will need to include overtime, on-call requirements etc otherwise those extra hours won’t be included in the order.

Why you can’t use other transport

Why no other options such as taxis or uber are appropriate.

Your financial circumstances

You and your family’s finances including:

Income earned

Expenses

Liabilities

If you are not employed then business financial records may be required.

How your employment/business income would be affected by not being granted a hardship licence

What will be the financial impact if the court does not grant the hardship licence.

What personal driving you need

If you are wanting to drive for non-work reasons full details of this and why the court should grant I must go in the affidavit. The test is not extreme hardship like losing you job , the law states personal driving can only be granted if;

A court may make a special hardship order only if satisfied a refusal to make the order would cause severe and unusual hardship to the applicant or the applicant’s family, in a way other than by depriving the applicant of the applicant’s means of earning a living.

The test is therefore severe and unusual hardship.

In Davies v Shaw the Supreme Court of Tasmania considered an application by Mr Shaw to be allowed to drive to drive and collect his sons from school. Tasmanian law then used a similar test of severe and unusual hardship. The court found that the test only allowed granting an order in severe, extreme and unusual circumstances and thus denied the right for Mr Shaw to drive his children to school.

How the need for a special hardship came about

You can apply for a hardship order when you exceed 1 demerit points on a good driving behavior period or driving 40 km/h over the limit (as long as you are otherwise eligible to apply for a hardship licence). You will need to explain to the court what occurred, what you learned and how this won’t happen again. You may also need to explain your previous traffic history if applicable,

Doing a course like QTOP will always help.

What conditions the court should impose on your special hardship licence

You will need to set out the exact conditions on the order you require. We have an article on the hardship licence conditions.

Remember the Magistrate you are before might have a different view on what you need to put in the affidavit. Only an experienced traffic lawyer will know for sure what must go in the affidavit for a particular Magistrate and if the application for a hardship license is important you should seek legal advice.

Will I need to provide anything other than the affidavit?

If you are asking the court to grant conditions such as driving children to school, driving for medical appointments etc you may need to annexure documentation to the affidavit to prove this. The court may also require financial records if you have your own business.

How is the affidavit used in court?

The affidavit will be considered by both the Magistrate and the Prosecutor from Queensland Transport in assessing whether to grant the hardship licence or in the case of the Prosecutor whether to oppose the application.

What happens if I get the affidavit wrong?

The Magistrate might agree for you to adjourn the application to another date to fix any issues with the affidavit. If the Magistrate won’t do this then they will base the order conditions largely of what is in the affidavit.

I need to know more

Our main hardship license page explains everything or try our essential guide to hardship licences

What do you charge

We charge a fixed price of $2,990 to draft all the affidavits and appear with you in court to convince the court to give you the hardship license.

How do I get more help or engage you to act for me?

We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland from Coolangatta to Hervey Bay.

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Email steven@claritylaw.com.au
Click here to select a time for us to call you back
Visit our main website page
Visit our special hardship page

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Special hardship order lawyers page.

What Happens in Court When Applying for a Special Hardship Order?

Steven Brough — Tue, 10 Sep 2019 12:12:00 +0000

Whether you call it a hardship licence, a special hardship licence, a high speed suspension licence or demerit point licence you are likely to have questions about what will happen in court. From the almost 1,000 successful special hardship applications we at Clarity Law have made the following are the most frequently asked questions. This information applies only to hardship licence applications in Queensland.

What time should I arrive?

You should arrive no later than 30 minutes before the time your special hardship application is to be heard (45 minutes is better). The time will be listed on your application form.

How long will this take?

The court hears matters with lawyers representing clients first; then adjournments and finally unrepresented people proceeding with their special hardship application. It might take up to 1-2 hours before your matter is heard.

What should I wear?

You should wear the most business like clothes you feel comfortable wearing. Perhaps it best to describe the clothing as what you would wear to a job interview. Please don’t wear clothes you are uncomfortable wearing.

What should I bring?

You should bring a copy of your application form and affidavits. The originals should already have been filed with the court and with Queensland Transport. Also bring your driver’s licence and if you attended QTOP or similar programs a copy of your attendance certificate.

What do I do after arriving at the court?

You need to talk to the Prosecutor from Queensland Transport about your special hardship application. However they don’t appear at every court. Ask at the registry if a prosecutor is present. If they are go and speak to them, if they aren’t wait in the assigned court room. The police don’t handle Special Hardship Applications.

What will happen in the court?

Basically the Magistrate will ask you what is happening with your application. If you are self-represented you need to go through your application and the affidavits with the Magistrate. You will suggest to the Magistrate what conditions they should impose on the Special Hardship Order. The Magistrate will have questions about your need to drive and whether you are a fit and proper person to be granted a Hardship Licence. After you are finished the Magistrate will give their decision. If you have a lawyer they will do all the talking.

Please refer to the Magistrate as “Your Honour” and follow basic court protocol like standing when the Magistrate enters the court room and standing when speaking to the Magistrate. You should also turn your phone off and not consume food or drink in the courtroom.

What will happen after the Court?

If your Special Hardship Application is granted you will be required to attend your local Queensland Transport (‘QT’) office to have a new licence issued (you cannot drive from the court to QT). There is a fee for this. Your local QT office can be found by going to this site www.qld.gov.au/transport/contacts/centres The licence you get back has a X3 condition meaning you are subject to a SHO. Once that licence is issued you can drive as per the order i.e. you could drive to work from QT to work but not from QT to home. After 6 months (or the period of the suspension) you will need to return to QT to have a new licence issued.

If for some reason your special hardship is not granted you have the right to appeal that decision. The appeal must be made within 28 days of the date the decision was made.

What happens if the Magistrates Court refuses to grant my application for a SHO?

If the court does not grant the SHO, your licence suspension will continue for the period of the licence suspension that had not been served before the application for the SHO was made.

How long will my SHO apply for?

The SHO will apply for the length of the suspension period detailed on your suspension notice and begins from the date of the court order. Generally this is 6 months.

Can I apply to have my SHO driving restrictions varied?

Yes. You may apply to a Magistrates Court to vary the restrictions stated on your SHO if the circumstances under which you are required to drive have changed since the SHO was originally granted to you. This might include changing your employment or role at work.

What happens if I do not comply with the restrictions under my SHO?

If a court convicts you for the offence of failing to comply with your SHO your licence will be disqualified as follows;

if your SHO still applies — the balance of the order period still to be served by you as well as an additional three months

if your SHO no longer applies — three months from the day of your conviction (this only applies where you are charged with an offence of failing to comply with your SHO conditions)

How many demerit points do I get on my special hardship licence?

The law has recently changed and you cannot incur any demerit points on the SHO. If you incur demerit points on the SHO your licence will be suspended for 12 months.

What happens when the period of my SHO ends?

When the SHO period has ended, you may return to Queensland Transport to have your licence reissued (at no charge) without the ‘X3’ condition code. We have received conflicting advice from Queensland Transport in regards to what happens to your demerit points incurred before the SHO was granted and that are still “on your record”, our understanding is that you will have no demerit points after the SHO finishes but you should check this when getting your licence back after the SHO finishes.

If your offence was a high speed offence then the 8 demerit points you received remains on your record for the 3 years.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Visit our main page at www.drivinglaw.com.au
Visit our special hardship page at www.drivinglaw.com.au/services/hardship-licences.html
See our essential guide to special hardship licences www.drivinglaw.com.au/blog/item/26-essential-guide-to-special-hardship-licences.html
Call us on 1300 952 255 seven days a week, 7am to 7pm
Email steven@claritylaw.com.au

This article is for general information only and is not a substitute for legal advice. Please visit our disclaimer page at www.drivinglaw.com.au/disclaimer.html Clarity Law’s liability limited by a scheme approved under professional standards legislation.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our special hardship order page.

Essential Guide to Special Hardship Licences in Queensland

Steven Brough — Sun, 08 Sep 2019 12:53:00 +0000

At Clarity Law we have been able to assist almost a thousand people obtain a Special Hardship Order (“SHO”) since 2010. We have obviously been able to acquire a lot of knowledge during this time and this guide is meant to give people a basic understanding of what it might take to apply for a hardship licence in Queensland. Special hardship licences are also sometimes referred to demerit point licences or just hardship licences. For more information contact us on 1300 952 255 or visit our Special Hardship Order page or our main page at www.drivinglaw.com.au

Introduction

A special hardship licence is a special type of licence that may be issued by the court to persons who travel over the speed limit by more than 40 km/h or exceed their demerit points on a good driving behaviour period. A special hardship licence allows you to drive during the suspension of your licence (generally 6 months but can be longer)

A special hardship licence can only be used for the purposes stated by the court; you cannot use a special hardship licence to drive to the shops or dropping kids off at school unless the court has specifically allowed this to happen. A special hardship licence is designed to allow you to continue to earn a living where a driver’s licence is an essential component to you earning that living or for some other specified serious reason.

Can I apply?

To be eligible to apply for a special hardship licence you must hold a current Queensland open or provisional driver’s licence for the vehicle you were driving and in the last five years you must not have:

been convicted anywhere of drink driving or a similar offence

been convicted in Queensland of dangerous driving

had a licence suspended, disqualified or cancelled (except in some limited circumstances).

Applied for a special hardship licence

If you are unsure whether you can apply then contact us.

You will need to file an affidavit of yourself and if you are not self employed an affidavit of your employer saying without a licence you will be deprived of the means of earning your income. It cannot be a letter it must be a signed and witnessed affdavit in the correct format.

How to apply

You must apply to the Magistrates Court in the district or division in which you live after your licence has been suspended (you can apply on the day your licence is suspended or if you want to apply before the suspension date you need to attend a Queensland Transport office and have your suspension start earlier.

Your affidavit should include your:

name, address and job details
details of your family
details about how your licence came to be suspended
Why you are a fit and proper person to get a special hardship licence
Details of your traffic history
details that you are a ‘fit and proper person’ that respects the safety of other road users and the public –
- your current work and how long you have done it
- what your work involves and the days and hours you work
- why you need a licence to keep that job
- why you cannot do your job without a licence e.g. why you can’t use public transport
Your financial situation –
- what you get paid each week
- any other family income, eg if your partner works, money from investments, rent etc
- what you spend each week on the most important things, eg rent/mortgage, food, transport, health, school fees, phone, internet
- other things you think are important that you need or want to spend money on.

You need to make sure the affidavits are signed and witnessed (in triplicate). You then need to attend the court and file an application and the affidavit and pay the filing fee. You then need to serve a copy of all those documents on your local Queensland Transport offence.

The court will give you the date and time your application will be heard.

How does the Court judge my application?

In order for the court to grant a special hardship licence you must show the court that you are;

a ‘fit and proper person’ and

that a refusal to grant the licence would cause extreme hardship to you or your family by depriving you of your means of earning a living or severe and unusual hardship to you or your family, other than by depriving you of your means of earning a living

The court will generally judge whether you are a fit and proper person based on your traffic history. Character references can also help a court decide you are a fit and proper person.

We strongly suggest you complete a traffic offender program before your court date. The one we recommended is the Queensland Traffic Offenders Program (“QTOP”). Their website is at www.qtop.com.au

The court judges whether you will lose your job based on yours and if applicable your employers affidavit.

What restrictions will the court impose?

The court may restrict the hours and circumstances in which you can drive. Generally unless there is a very good reason the court will not grant you a 24 hr / 7 day licence. The court can only grant you a special hardship licence for the licence classes you already hold.

Generally the court will be looking to impose one or more of the following conditions;

Restricting the days and hours you can drive
Restricting whether you can carry passengers
Requiring you to complete a log book
Requiring you to wear your work uniform when driving

What should I wear to court?

What should I bring?

You should bring copies of;

Your signed and witnessed affidavit
Your Employers sign affidavit (if not self-employed)
If you completed QTOP then the attendance certificate

You should also bring your driver drivers licence and around $30-50 to pay for your new licence at Queensland Transport if a special hardship licence is granted.

Will I get a Criminal Record?

How long will I lose my licence for?

Generally 6 months but this depends how many demerit points you incurred.

What will happen in the court?

Please arrive at least 30 minutes before your court time.

Find out which court you are in and wait outside that court. AT THIS POINT SWITCH OFF YOUR MOBILE, PLEASE TURN IT OFF COMPLETELY AND NOT JUST PUT IT ON SILENT

Eventually a Queensland Transport Prosecutor will arrive you should then go and speak to them and confirm who you are and that you are applying for a special hardship licence. Please make sure they have all your affidavits and references. They will indicate whether or not they oppose the application and if they do why. If they do oppose the application you should ask if there is any course or other things you can do so they will not object. At this point is a good idea to check your traffic history with the prosecutor (they have a copy) and answer any questions they have.

If Queensland Transport does not send a prosecutor to the court they will likely have emailed the court outlining their position of whether you should get a hardship lcience or not. The Magistrate in that case will tell you what Queensland Transport has said.

The court will start when the Magistrate enters, please stand whenever the depositions clerk calls ‘all rise’ and then wait for the Magistrate to sit down before sitting yourself.

Wait for your matter to be called and then approach the table where the Prosecutor is. You will stand to the far left of the table. Remain standing while the Magistrate asks what you are doing. Tell the Magistrate that you are applying for a special hardship licence. Please address the Magistrate as “Your Honour”. The Magistrate will then ask you to sit.

The Prosecutor will tell the court their position on the application Once the Prosecutor finishes the Magistrate will read the affidavits and if they have any queries they will ask you.

If a special hardship licence is granted a Magistrate will ask you to sit outside the court or at the registry to wait for your order. It is this document that you take to Queensland transport. Please check the order is correct before leaving the registry.

For more information on how a Magistrate court works go to www.justice.qld.gov.au/justice-services/courts-and-tribunals/going-to-court and select virtual tour from the menu to the left.

I was granted a special hardship licence – now what?

If you are granted the Licence then before you can drive again then you need to go to Queensland Transport and have your licence re-issued as a special hardship Licence. Also unless you are returning to work or driving for work purposes from Queensland Transport then you would need a lift home as your Licence would not cover for the trip between Queensland Transport and your home but it would cover you to drive from Queensland Transport back to work.

You must also comply with the requirements of any court order in relation to your licence, this may be the requirement to complete a logbook or similar. Also throughout the period of the special hardship Licence you must keep a copy of the court order in any motor vehicle you drive.

If you are caught driving outside the terms of your licence then you will be disqualified for the balance of the disqualification period left to run plus an additional 3 months.

REMINDER: YOU CANNOT DRIVE FROM THE COURT TO QUEENSLAND TRANSPORT

What happens if the Magistrates Court refuses to grant my application for a SHO?

If the court does not grant the SHO, your licence suspension will continue for the period of the licence suspension that had not been served before the application for the SHO was made. You my be able to appeal the decision not to grant the special hardship but very strict time limits apply.

How long will my SHO apply for?

The SHO will apply for the length of the suspension period detailed on your suspension notice and begins from the date of the court order.

Can I apply to have my SHO driving restrictions varied?

Yes. You may apply to a Magistrates Court to vary the restrictions stated on your SHO if the

circumstances under which you are required to drive have changed since the SHO was originally granted to you.

What happens if I do not comply with the restrictions under my SHO?

If a court convicts you for the offence of failing to comply with your SHO or you incur 2 or more points under the SHO, your licence will be disqualified as follows;

if your SHO still applies — the balance of the order period still to be served by you as well as an additional three months

if your SHO no longer applies — three months from the day of your conviction (this only applies where you are charged with an offence of failing to comply with your SHO conditions)

You cannot incur any demerit points during a SHO, even incurring 1 demerit point will lead to your SHO being cancelled.

What happens when the period of my SHO ends?

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Visit our website at www.drivinglaw.com.au
Call us on 1300 952 255 seven days a week, 7am to 7pm
Email steven@claritylaw.com.au

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our special hardship order page.

Driving Children Under a Special Hardship Licence

Steven Brough — Sun, 13 Nov 2016 06:58:00 +0000

We often get calls from people needing a special hardship licence for work purposes who also desire to be able to drive their children to school or other activities under that hardship licence.

First a bit of background, a special hardship licence or special hardship order is a licence that may be available to people who exceed their demerit points, elect to go on a 12 month good driving behaviour period and then during that period incur further demerit points. In those circumstances unless a person applies for a special hardship licence then they will have their licence suspended for a minimum of 6 months and be unable to drive. A person who has their licence suspended for exceeding the speed limit by more than 40 km/h (a high speed suspension) may also be eligible to apply for a special hardship licence. For more information about special hardship licences see our webpage – www.drivinglaw.com.au/special-hardship-licences/

The special hardship licence is only available to people who are on a Queensland open or provisional licence and who have in the previous 5 years not had a licence suspension or disqualification (excluding SPER suspensions).

The special hardship licence is available where if the court were not to grant the order the applicant or their family would;

suffer extreme hardship by depriving them of the means of earning a living; or
suffer severe and unusual hardship for some other reason

To apply for a special hardship licence a person must lodge affidavits for themselves and their employer (if they are not self-employed) and must appear in their local court before a Magistrate to argue for the special hardship licence to be granted. For information on the timeline of a special hardship application see our previous article www.drivinglaw.com.au/blog/item/6-special-hardship-application-time-frames.html

In most cases it is relatively easy to establish that a person would suffer financial hardship if they lost their licence and as a result could not work. What is much tougher is being able to establish that a person would suffer severe and unusual hardship if they could not drive their children to school or other activities.

It is important to note that a special hardship licence is not a licence to be able to drive whenever a person desires, the order for the special hardship licence, if granted by the Magistrate, will restrict the hours, days, reasons and places a person can drive. The order will also restrict who a person can have in the car with them. Therefore to be able to drive children a person would need to first convince the court that they or their family would suffer severe and unusual hardship if not able to drive the children and if that is established then the court will need to specify exactly where and when the children could be driven.

The general attitude of most Queensland Magistrates is that they will not grant a person the ability to drive their children to school or other activities. To be able to convince the Magistrate to grant the right to drive children to school generally a person would have to prove that;

There is no public transport available to transport the children to school;
is no one else who could drive the children i.e a partner or family member (further Affidavits on behalf of these people may be required in some circumstances);
The hours the parents work is such that driving the children to school is the only viable option to get them to school; or
The children have special needs that means driving them to school is the only option.

When it comes to being able to drive the children to sporting or other activates the courts are even more reluctant to allow this. Generally a person would only be able to drive their children to these activities if they could prove that

The children have special needs such that the sporting or other activities help with or
The children are competing at such a high level that if the parents cannot drive them they are likely to suffer severe and unusual hardship

The court would be looking for affidavit evidence from a doctor or a coach confirming the need to drive the children.

Due to the complexity of special hardship licence application, especially when requesting the licence to cover children’s needs it is important to engage a professional to represent you.

Clarity Law is Queensland’s leading traffic law firm covering every court is South East Queensland.

We undertake special hardship applications in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients. Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do. We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice. If you want to engage us or just need further information or advice then you can either;

For more information visit our drink driving page or call 1300 952 255 7am – 7pm seven days a week

Disclaimer:

The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date. Steven and Clarity law only undertake matters in Queensland.

Clarity Law’s liability limited by a scheme approved under professional standards legislation.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Special hardship order lawyers page.