About
Interview with Adam Cockayne
Principal Lawyer at Heavy Vehicle Lawyers
Mission Statement
At Heavy Vehicle Lawyers, our mission is to provide unparalleled legal expertise and dedicated advocacy for professional transport drivers and companies. We strive to protect the livelihoods of our clients by navigating the complexities of road and transport laws, ensuring fair treatment, and achieving the best possible outcomes in every case. Through our dedicated knowledge and commitment to justice, we aim to support and empower the heavy vehicle community across Australia.
Interview with HVL Principal Adam Cockayne
Q: Should a trucking company or a driver charged with a heavy vehicle offence engage a lawyer?
A: Yes. Engaging a lawyer who represents trucking companies and drivers in court every week really can make a difference. The lawyer will identify defences you may not be aware of and uncover any errors in the prosecution case which should lead to the charge being withdrawn or the court finding you not guilty. Or, if you plead guilty, an experienced heavy vehicle lawyer should be able to persuade the court to impose a minimal penalty if there are mitigating factors.
Q: Can I represent myself
A: Yes, you are allowed to represent yourself. However, you will be at a considerable disadvantage. The court will be guided by the prosecutor who is familiar with the regulations and will identify the elements of the case that make it appear to be serious. For example, the prosecutor will inform the court of the maximum penalty for the offence, which can be more than $100,000 for a company, but will not usually recommend an amount in your case. However, if you were legally represented, your lawyer would ask the court to focus on the mitigating factors, your record, and inform the court of the actual fines imposed in similar matters which are likely to be much lower than the maximum amount. The lawyer would encourage the court to impose a penalty which is consistent with the other cases: having regard to comparable cases is an important principle in sentencing.
Q: Can I use an advocate who is not a lawyer.
A: No. If you are paying for legal services, you must be represented by a lawyer. If any legal work is done by a non-lawyer, the person has committed a criminal offence and should be reported to the Legal Services Commissioner. You are also entitled have your fees refunded. We strongly recommend that you make sure the person representing you is a practising lawyer and is experienced in heavy vehicle matters.
Q: How long have you been a lawyer?
A: I have been practising law for 30 years. For the past 10 years I have concentrated on traffic law and representing trucking companies and drivers. I regularly appear in court to defend heavy vehicle charges, and have a thorough understanding of the complex heavy vehicle regulations which will a significant difference in the outcome.
Q: Have you had much success.
A: Yes. I regularly appear for clients in all States and Territories in contested matters and plea hearings and have a high success rate. By success I mean that the client is found not guilty or, if they enter a plea of guilty, a minimal penalty is imposed. The courts can impose fines of $100,000 or more on companies for severe breaches of the regulations, but our corporate clients usually receive fines somewhere between $800 and $3,000.
Q: How do you obtain these results.
A: I take detailed instructions from the client about the circumstances of the offence and review the court documents and any other materials that are relevant.
I advise whether the client should plead guilty or not guilty. Not guilty pleas are unusual, but the facts of the case may disclose a defence you are unaware of, or the prosecution may have made a mistake. In this case, I would write to the prosecutor asking them to withdraw the charge or defend the client at a contested hearing. If the client enters a plea of guilty, I prepare for the plea hearing>
If the client enters a guilty plea, I prepare detailed written submissions which are sent to the court and I appear at the hearing on your behalf…
Adam Cockayne has participated in numerous television and radio interviews. He has been a talkback regular on 3AW Melbourne and the MMM network, providing valuable insights on traffic-related matters.
See Channel 9 coverage at this link: https://9now.nine.com.au/a-current-affair/coronavirus-thousands-of-victorian-lockdown-fines-could-be-unenforceable/4851bd85-94cd-4294-baff-cf86348ab924
Listen to ABC Melbourne interview wth Virginia Trioli here: https://www.abc.net.au/listen/programs/melbourne-mornings/millions-of-dollars-in-fines-may-be-paid-back-to-motorists-after/11998272
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