Unpaid Fines – Melbourne Magistrates’ Court

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The Court: Melbourne Magistrates’ Court
The Date: February 2025
The Charges:

• Enforcement Warrant Infringement Fines – Unpaid fines totalling $48,600

Possible penalties our client was facing:

Charge 1:

1. A fine of up to $48,600 ;
2. Up to 254 days imprisonment.

The Facts:

Our client had a total of 141 enforcement warrants, which included 118 toll fines, 8 traffic camera fines and 7 Victoria Police fines. These fines occurred between 2012- 2024, with very few of the fines occurring after 2015.

Between 2011-15, our client was in a long-term relationship where there was one car between her and her partner, which was registered to our client. During this relationship, our client’s former partner would drive her car every day. Her former partner would arrive at her workplace and take her car, with her relationship marked by controlling behaviour. Our client did not have a Linkt tolling account during this period and was unaware that her partner was driving on toll roads.

Of the $48,600 in fines, our client was responsible for $7,700 of these. None of these fines were toll related.

Result in Court:

In court, we outlined to the Magistrate their powers in the matter. Namely, under section 165(2)(b)(c) and (d) of the Fines Reform Act, in which it would be excessive, disproportionate and unduly harsh for our client to be sentenced to imprisonment.

The court agreed and did not impose a term of imprisonment on our client, instead reducing the fines from $48,694.00 to $1,000.00. Our client was very pleased with such a major reduction in their fines.