Carol Hamilton
LLB (Hons), GDLP
Associate
Government, Planning & Environment
Graduate Diploma of Legal Practice (2015)
Supreme Court of Western Australia (2015)
Carol is an integral part of Kott Gunning’s Government, Planning & Environment team and is significantly involved in prosecutions for local authorities. Carol regularly appears in various metropolitan Magistrates Courts, conducting regulatory prosecutions on behalf of local government relating to planning, building, health, food, dog and parking offences. She undertakes the day to day management of the prosecutions practice conducting approximately 80 prosecutions a year under the Metropolitan Water Supply, Sewerage and Drainage By-laws 1981 and the Water Services Regulations 2013. Carol also conducts proceedings in the Magistrates Court relating to breaches of the Residential Tenancies Act 1987 on behalf of the Housing Authority. Carol is involved in all stages of preparation for a prosecution, including:
- Analysis of evidence
- Drafting of charges
- Preparation of statement of material facts
- Service of prosecution notices
- Preparation of matters for trial
- Representation in Court in all stages
Carol has also appeared as counsel in the State Administrative Tribunal in relation to reviews of statutory notices issued by local governments and more recently, appeared as junior counsel in the Supreme Court of Western Australia in relation to an appeal against a successful local government prosecution. In addition to representation in Court, Carol regularly provides advice on:
- Water Services Act 2012
- Water Services Regulations 2013
- Water Agencies (Powers) Act 1984
- Metropolitan Water Supply, Sewerage and Drainage Act 1909
- Metropolitan Water Supply, Sewerage and Drainage By-laws 1981
- Planning & Development Act 2005
- Planning & Development (Local Planning Schemes) Regulations 2015
- Building Act 2011
- Building Regulations 2012
- Health Act 1911
- Food Act 2008
- Dog Act 1976
- Local Government Act 1995
- Various Metropolitan Town Planning Schemes
- Commercial Vehicle Parking, Direction Notices & Daily Penalties
- Know your hazards! Local Government found liable for failing to provide adequate visual clues marking the potential hazard
- COVID-19 – Update – Prosecutions and Limitation Periods (8 April 2020)
- The State Administrative Tribunal’s Jurisdiction to Resolve Disputes when a Party Moves Interstate
- Short Term Accommodation… Cash Cow or Criminal Conduct?
- Law Society of Western Australia
- Women Lawyers of WA