Exceptional Hardship Perth Granted 18 Months Later
Our first post-pandemic exceptional hardship proof with the Justice of the Peace Courts reopening at the beginning of June 2021. Quite unbelievably, our client had intimated his desire to argue exceptional hardship back in December 2019 and it has therefore taken 18 months to bring this case to conclusion.
We would also observe that with the shifting sands of time, the proposed grounds of our exceptional hardship submission also changed. The Crown sought to challenge our representations by suggesting that by deciding the case in our favour would ‘open the floodgates’ for other accused persons to rely upon the Coronavirus pandemic to wriggle out of driving bans. The court agreed that the facts and circumstances of the present matter went far beyond the ordinary consequences which would fall to be endured as a consequence of a disqualification and upheld our exceptional hardship submission.
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