In a new decision released by the Supreme Court of WA on 11 Jan 2016 ( STEWART -v- CITY OF BELMONT [2016] WASCA 5), the Court of Appeal has determined that in order to correctly serve a Prosecution Notice and Court Hearing Notice it is not sufficient to merely serve the notice at the last known address.
Prosecution Notices and Court Hearing Notices must be served to the address where the named person was last known to reside, work or conduct a business.
This will have a significant impact on the service of Prosecution Notices or Court Hearing Notices because local governments will need to be able to prove that the address that the notices were served on is not simply a mailing address or the address of a property which is owned by an Accused but an address where the person was known to previously reside, work or conduct a business. It is likely that a Post Office Box address will be insufficient.
We will shortly be releasing a more in depth article on the implications and solutions for this situation. If any prosecution notices and court hearing notices need to be served in the meantime, we recommend sending copies of these notices to every known address for the Accused, including:
- addresses derived from asking the Accused for a residential or work address (This is obviously the best and most relevant address – if this is able to be obtained then other addresses are not necessary providing a file note is made of the conversation in which the address was provided);
- addresses which appear on a Certificate of Title search, but be aware that this, by itself, may be insufficient;
- addresses on any applications to a local government and on any permits or licences issued by the local government; and
- addresses derived from the electoral role (for individuals) or company searches (for companies and Directors as individuals).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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