SDRO annulment granted at Waverley Local Court, 6 points reclaimed

Recent Cases, Traffic Law, Waverley Local Court

Waverley Local Court – July 2015

We appeared for a woman who had a fine for a speeding offence turn into an SDRO Enforcement Order.

Such orders, once going through internal review, can only be challenged in court.

Our client loaned her vehicle to another couple from the UK subject to a ‘home swap’. Upon receiving the penalty notice on her return, our client sent the form and an affirmed stat dec to the RMS. Only when it was too late was she informed that the stat dec had been received, leading to the conclusion that it was lost in the mail. The SDRO did not accept our client’s explanation in internal review. When retained by us, we advised her to obtain a fresh stat dec from the same JP, who affirmed that he remembered witnessing the stat dec that was lost in the mail.

At court, armed with the necessary document, our brief submissions persuaded the presiding magistrate to grant our application and annulled the enforcement order, giving our client the opportunity to seek reimbursement from the driver and reclaim her lost 6 points from the RMS.