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Q&A with Jenna du Preez: Insights on Advocacy in Traffic and Licensing Matters

In this Q&A, Jenna du Preez, Barrister at Fullagar Chambers, shares practical insights drawn from her extensive experience in criminal and traffic matters. From essential advocacy skills to managing client expectations and supporting vulnerable individuals, Jenna offers grounded guidance that practitioners can immediately apply in their day‑to‑day work. Her reflections on written advocacy and the realities of court‑based applications provide valuable perspective for lawyers at any stage of practice.

 263W12 - Driving Offences 101

Your experience includes hundreds of sentences and bail applications. From your perspective, what advocacy skills are most important for lawyers developing their practice in driving and traffic matters?
 
You need to know the legislation and regulations. The TORUM Act is notoriously difficult to read and digest. It’s hard to be a good advocate if you have to pause your submissions to look through the Act only to spend several minutes locating the relevant section or part. All good advocacy starts with knowing the law.

Given your work in criminal defence and Legal Aid, what misconceptions do clients often have about traffic offences, and how do you manage those expectations?
 
They don’t realise that some traffic offences carry maximum penalties of imprisonment. This doesn’t mean that a client will receive a term of imprisonment, and it isn’t often that they do, but that they are offences that carry a maximum penalty of imprisonment can impact clients in other ways. Most commonly, if they are in the operational period of a suspended sentence for other offences. A lot of traffic offences, that are dealt with in Court, also have mandatory licence disqualification periods. Clients generally know that. But they often don’t realise that the licence is disqualified from the date of conviction. This means if they drive to Court, they won’t be able to drive home.

Working with vulnerable clients is a key part of your practice. How does that shape the way you prepare clients for court in traffic or licence‑related matters?
 
Unfortunately, there is gap in services available to vulnerable or low-income earning clients because they’re generally not entitled to Legal Aid funding. We are lucky that Legal Aid Queensland provides such an extensive duty lawyer service and legal advice clinics, but it doesn’t extend to representing the persons in court. When I would provide advice to clients, who I couldn’t then represent, I tried to prepare them for the type of questions that might be asked of them in court and the things they need to tell the Magistrate about the offence and the impact a loss of licence will have on them (financially or otherwise). I don’t think clients realise how important it is for a Cour to be made aware of those things.

Finally, given your diverse courtroom experience, what value do you see in practitioners sharpening their written advocacy for work licence applications, special hardship applications and similar matters?
 
It’s important that practitioners know how to draft affidavits that comply with the regulations and that provides as much relevant information to the Court as possible. In hearing work licence applications or special hardship applications, the Court is being asked to determine if the person is a ‘fit and proper person’ to hold a restricted licence and a ‘refusal would cause extreme hardship’. It’s difficult for a court to make a determination if the affidavit is lacking the evidence to support.
 
 

These issues will be explored further in the session Practical Skills for Driving Offences on Thursday, 12 March 2026, covering:

    •  How to Prepare for Court for a Traffic Matter?

    •  When It Is Not ‘Just’ A Traffic Offence – Defending Serious or Repeat Driving Charges in Queensland When Clients Are at Risk of Imprisonment 
    •  Effective Advocacy in Writing – Drafting Affidavits for Work License Applications, Special Hardship Applications and Disqualification Removal 

 

Screenshot 2026-02-24 142320Jenna du Preez, Barrister, Fullagar Chambers

Jenna was called to the bar in 2025. She was admitted as a solicitor in 2015. Jenna has a diverse legal background with experience in private practice and Government roles, most recently at Legal Aid Queensland. With a focus predominantly on criminal defence, Jenna has gained significant experience representing clients in a broad range of matters from the Magistrates Court to the Court of Appeal. As a regular duty lawyer, Jenna has appeared in over 200 sentences and over 100 bail application in the Magistrates Court. This has allowed her to develop and refine her advocacy skills. 

In addition to criminal law, Jenna has experience in migration law, assisting clients with visa applications, refusals, and cancellations. Jenna has also worked in domestic violence, child protection, property law, and with Queensland Corrective Services.

 
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