Protect your contractor licence from disqualification
We answer the Regulator's notice properly, while the deadline is still open.A notice from NSW Fair Trading proposing to suspend, cancel or vary your contractors licence puts your right to trade in question. The deadline is short and the response you send is the case. Get the answer right and most of these matters end there. Send the wrong one and you are arguing on appeal instead.
The real allegation identified
We work out what the Regulator is actually concerned about, which is often not what the notice appears to say.
A response built on evidence
Records, correspondence and statements, rather than an explanation written the night before the deadline.
The appeal route kept open
The response is written so nothing is conceded that would limit an internal review or an NCAT application.
What a Notice to Show Cause actually is
A contractors licence is the authority to carry out building and construction work in New South Wales. NSW Fair Trading can suspend, cancel, vary or impose conditions on it where it decides the holder’s conduct warrants disciplinary action.
A Notice to Show Cause starts that process. It is not a request for comment. The Regulator has already formed a preliminary view that there are grounds to act, and the notice invites you to displace it. The response you file is almost always the whole of the evidence the decision-maker reads.
What is a Notice to Show Cause?
A formal notice from NSW Fair Trading saying it believes there are grounds to take disciplinary action against your licence. It sets out the allegations and gives you a date to respond by. The date is usually short. Get advice as soon as one arrives, because missing it is very hard to recover from.
What can NSW Fair Trading actually do to my licence?
Suspend it, cancel it, vary it, or impose conditions on it. In serious matters the conduct behind the allegations can also lead to prosecution. That range is why the response matters more than it first appears.
What if I ignore it or miss the date?
The Regulator is likely to proceed without you, and your grounds for challenging the outcome afterwards are much narrower. If a deadline has already passed, it is still worth getting advice immediately rather than assuming the matter is over.
Can I appeal if my licence is cancelled or suspended?
Yes. You can seek an internal review, and if that fails, apply to the NSW Civil and Administrative Tribunal for external review. We can advise on both routes and on how strong the prospects are before you commit to either.
Your licence is how you earn, and the decision is made on one file
What goes into that file, and by when, is the whole of the defence. It is worth getting right the first time.
The Regulator has already formed a view, and the notice invites you to change it
The notice reads like administration and is treated that way. Plenty of licence holders answer it themselves, in a few paragraphs, explaining what happened.
That is where the damage is usually done. A response that concedes something it did not need to, or misses the actual allegation, narrows what can be argued later. Your licence is not just a permission. It is how you earn, and it carries your name in an industry where people talk.
- We will read the notice and tell you what is actually being alleged.
- We will advise you honestly on the strength of the Regulator's case and your options.
- We will identify and gather the evidence that answers the allegations.
- We will prepare and lodge your written response to NSW Fair Trading.
- We will act for you in internal review and at NCAT if the decision goes against you.
The notice has arrived and the deadline is close
You have a Notice to Show Cause from NSW Fair Trading alleging you have breached your licence obligations and proposing disciplinary action. You are not certain what is actually being alleged, whether there is anything in it, or what happens if you get the response wrong. The date for responding is coming up.
What's included in your licence defence service
- Assessment of the notice and the allegations.
- Advice on your position and realistic options.
- Evidence gathering and review.
- Preparation and lodgement of your written response.
- Internal review and NCAT representation if required.
The response you send is the case
A show cause response is not an opening position. In most of these matters it is the only thing the decision-maker reads before deciding.
So a short letter written at the kitchen table on the last night carries the whole weight. If it does not address the allegation as the Regulator framed it, the decision gets made on an incomplete file. Once the licence is suspended or cancelled, the work stops immediately. The appeal happens afterwards, while you are not trading.
From a notice with a deadline to a file that answers it
We start by working out what is actually alleged, which is often not what the notice appears to say. Then we tell you honestly where it has merit and where it does not. A response that disputes everything is as weak as one that concedes everything.
From there it is evidence. Records, correspondence, certificates, statements from the people who were there. We prepare the response around what can be shown rather than what can be asserted. If the Regulator proceeds anyway, we take it to internal review and, if necessary, to NCAT.
How the response gets built
From the notice arriving to your licence intact.Read the notice
We identify the actual allegations, the deadline, and where the Regulator's case is strong or weak.
Build the evidence
We gather the records, correspondence and statements that answer the allegations directly.
Respond and review
We lodge the response and take the matter to internal review or NCAT if the decision goes against you.
Responding to NSW Fair Trading before your licence is affected
Being accused of something by a regulator is not like a commercial dispute. There is no negotiation and nobody to argue with, only a file and a date. If you have run your business properly for years, the accusation itself is the part that stings.
We act for licence holders responding to NSW Fair Trading. The work is reading past how the allegations are framed to what the Regulator is actually worried about. Then answering that with evidence rather than explanation. Where the decision goes against you, we take it to internal review and to NCAT.
Our great lawyer guarantee
Six principles we hold to, whatever you bring us and however long it takes.
Take the time
We listen carefully to understand what you want to achieve, then step you through the advice and the documents.
Share our knowledge
We pass on as much as we can, so you can make your own informed decisions.
Stick to our knitting
We only do what we are good at, so you never pay for our learning.
Work as one team
Someone is always available to answer your question or point you the right way.
Fair pricing
A fixed or capped quote for advice and documents, so you do not carry the price risk.
It is your show
We are in it for a front row seat to witness your success, not for our egos.
Call us before you answer the notice
The deadline is the first thing to deal with, and it is usually shorter than it looks. Send us the notice and we will tell you what is actually alleged, how strong it is, and what your response needs to contain. Do that before you write anything to the Regulator.
More on this area of law
Read more about contractor licensing, show cause notices and NCAT review, and how we can help.
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