Our client was a business owner in jeopardy of losing his security license and livelihood after being charged for the second time with breaching a conduct agreement order.
The breach was the sending of an email by our client to his ex-partner, which technically constituted a breach the conduct agreement order. However, there was also a Family Court order in place which permitted communications about a broader range of issues and it was our considered advice that the subject matter of the email fell within the scope of permissible contact. We were so confident that our client would be found not guilty at trial that we first endeavoured to prevail upon Police to drop the charge with particular emphasis on the prospects of conviction, to no avail. We proceeded to trial and, as anticipated, the Magistrate was persuaded by our evidence and legal argument that the email fell within the permitted scope of the Family Court order and as such was not a breach of the conduct agreement order. Our client’s acquittal and costs award was a triumph not only in allowing the continued operation of his business, but also in preventing unsubstantiated allegations of breaches during contested custody proceedings in the Family Court.
