In a new decision released by the Supreme Court of WA on 11 Jan
STEWART -v- CITY OF BELMONT  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
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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