A special hardship order at Southport
In this Southport special hardship order case study, Boorman Lawyers appeared at Southport Magistrates Court on a special hardship order application. Joshua Boorman describes it as an application to the court for, in effect, a work licence.
The speeding offence
The client was caught doing 106 km/h in a 60 zone. He had been behind a car travelling about 20 km/h under the limit and swerving a little. When a second lane opened up, he accelerated past it and really overdid the acceleration, picking up speed very quickly.
The slow car turned out to be a police car, which Josh says was somewhat baiting him. Police pulled him over straight away and charged him with the high range speeding offence. Josh says it attracts a $1,200 fine and an automatic six-month suspension.
Applying for the order
Once the suspension notice arrived, the client contacted our lawyer. A special hardship order application was lodged with the court, and the suspension was stayed until the court dealt with it.
Extensive affidavit material was needed from both the client and his boss, to prove that he works as a landscaper seven days a week, needs his licence to do that work, and cannot work if he cannot drive. The affidavits were signed and witnessed by a Justice of the Peace, lodged with the court and served on the Department of Transport and Main Roads.
The hearing
At the hearing, Josh made submissions that the client was a fit and proper person to be granted a licence, and showed the court how he would suffer significant or extreme financial hardship if he was put off the road.
The outcome
The court agreed that he was a fit and proper person and granted a special hardship order. He can drive seven days a week, from 4.30 am to 7 pm, for his work as a landscaper only.
Josh says the client was very relieved. The fine and legal fees cost him some money, but six months off the road would have been a financial disaster for him, and he can keep working.
What this Southport special hardship order case study shows
A high speed suspension can be very costly for someone who drives for a living. Where a person is eligible, a special hardship order is one way the court can allow restricted driving, but it depends on strict eligibility rules, good evidence and the court being satisfied about the hardship. Every case is different.
Key general information (QLD)
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- High speed suspensions: According to TMR’s high speed licence suspension page, a person convicted of driving more than 40 km/h over the speed limit is sent a notice suspending their Queensland licence for 6 months.
- Repeat speeding and demerit points: TMR also says double demerit points apply to a second or further offence of speeding more than 20 km/h over the limit within 1 year of the previous offence.
- Special hardship orders: A special hardship order is a court order that allows a driver with a suspended Queensland provisional or open licence to keep driving under restricted conditions. TMR’s special hardship order page explains that it is different from a restricted (work) licence for drink or drug driving.
- Who can apply: TMR says a person cannot apply if the suspended licence was a Queensland learner licence or if they hold a licence issued outside Queensland.
Further reading and related videos
Boorman Lawyers has more on appearing at Southport, special hardship licences in Queensland and restricted work licences after drink driving. Its Gold Coast site covers traffic and drink driving matters on the Gold Coast.
On this site, see a Beaudesert special hardship order case and a Cleveland work licence case, or browse all Queensland and court town videos.
This post has no DIY DUI link because it is a speeding and special hardship order matter, not a drink or drug driving plea.
