Defend your contractors licence against NSW Fair Trading

Defend your right to trade when NSW Fair Trading threatens your contractors licence.

A notice from NSW Fair Trading threatening to suspend, cancel or vary your contractors licence is one of the most serious threats your business can face. Your licence is your right to trade, and without it, your business cannot operate. How you respond — and how quickly — will largely determine the outcome. This is not a matter to handle without proper legal advice.

What is a contractors licence defence and why does it matter?

A contractors licence is the legal authority to carry out building and construction work in New South Wales. NSW Fair Trading has the power to cancel, suspend, or vary that licence if it determines the holder has engaged in conduct warranting disciplinary action. A Notice to Show Cause is the formal trigger for that process, and how the licence holder responds to it largely determines the outcome. Without a properly prepared response that addresses the allegations directly and presents the full picture, the Regulator may proceed with the most serious disciplinary action available.

What is a Notice to Show Cause from NSW Fair Trading?

A Notice to Show Cause is a formal document from NSW Fair Trading signalling that the Regulator believes there are grounds to take disciplinary action against your licence. It sets out the allegations and requires you to respond by a specified date. You should seek legal advice immediately on receiving one, the deadline for response is typically short and missing it can be fatal to your case.

What disciplinary action can NSW Fair Trading take against my licence?

NSW Fair Trading can cancel, suspend, vary or impose conditions on your licence. In serious cases, the conduct underlying the allegations could also give rise to criminal prosecution. This range of potential outcomes is why responding properly is critical.

What happens if I ignore the notice or miss the response deadline?

Ignoring a Notice to Show Cause is one of the worst responses available to you. The Regulator is likely to proceed with disciplinary action in your absence, and you will have limited basis to challenge the outcome at that point. If you have received a notice, contact us immediately so we can advise on your deadlines and options.

Can I appeal if NSW Fair Trading cancels or suspends my licence?

Yes. Decisions by NSW Fair Trading are subject to review. You have the right to apply for an internal review and, if that is unsuccessful, to apply to the NSW Civil and Administrative Tribunal (NCAT) for an external review. We can advise you on the available pathways and the prospects of overturning the decision.
Coins Streamline Icon: https://streamlinehq.com

Keep your licence

Users Streamline Icon: https://streamlinehq.com

Defend your reputation

Thumbs Up Streamline Icon: https://streamlinehq.com

Protect your livelihood

Your licence and your livelihood are on the line. Get the right advice now.

How you respond to the Regulator determines whether you keep your right to trade.

Many licence holders make the mistake of treating the Regulator’s notice as routine paperwork or responding without proper legal advice. A response that is poorly framed, fails to address the real issues, or inadvertently concedes something it should not can make the situation significantly worse. What the Regulator is accusing you of, and how you respond, can have consequences well beyond the immediate licence dispute.

General commercial

The notice arrives

You have received a Notice to Show Cause from NSW Fair Trading, accusing you of breaching the terms of your licence and threatening disciplinary action. You are not sure exactly what they are alleging, whether the allegations have any merit, or what the consequences could be if you do not respond correctly. The response deadline is approaching.

What's included in your contractors licence defence service

The Regulator is not looking for a reason to keep your licence. You need to give them one.

When NSW Fair Trading issues a Notice to Show Cause, they are not asking for your side of the story as a formality. They have already made a preliminary assessment that there are grounds for disciplinary action. The notice is a signal that the Regulator is prepared to cancel or suspend your licence unless you give them a compelling reason not to. Responding without legal guidance (or not responding at all) invites the outcome you are trying to avoid.

From a threatening notice to your licence protected

We will assess the notice carefully to understand what the Regulator is actually concerned about, which is not always obvious from the way the allegations are framed. We will then help you gather the evidence that addresses those concerns directly and prepare a response that takes the Regulator seriously. We know where the Regulator’s decisions are vulnerable, and we ensure you are not treated as a soft target. If the Regulator proceeds despite your response, we will guide you through the review and appeal process.

Your contractors licence defence roadmap.

From notice received to licence protected.

1

Assess the notice

We review the notice and advise you on the allegations and your legal position.

2

Respond and defend

We prepare a comprehensive response and help you gather the evidence to support it.

3

Appeal if needed

If the Regulator rejects your response, we guide you through the review and appeal process.

Experienced licensing lawyers with a strong track record defending contractors before NSW Fair Trading.

We know how frustrating it is when a regulator makes decisions without properly considering all the facts. We understand that your licence is your livelihood, and that your reputation is everything. ADLV Law has helped clients just like you respond confidently to the Regulator and get poor decisions overturned.
Coins Streamline Icon: https://streamlinehq.com

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Sparkles Streamline Icon: https://streamlinehq.com

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Book Open Streamline Icon: https://streamlinehq.com

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Thumbs Up Streamline Icon: https://streamlinehq.com

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Users Streamline Icon: https://streamlinehq.com

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Coins Streamline Icon: https://streamlinehq.com

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

Award Streamline Icon: https://streamlinehq.com

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Your licence and your livelihood are on the line. Get the right advice now.

Related articles