Unpaid Fines – Melbourne Magistrates’ Court
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:
- A fine of up to $48,600 ;
- 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.
Other Case Studies
-
Drug Driving And Disqualified Driving – (Ringwood Magistrates’ Court)A man in his 40’s had three cases heard on the same day. The charges included drug driving twice, disqualified driving twice and possession of 20 ecstasy tablets. He was fined $1500 with a three month licence cancellation.
Read more
-
Disqualified Driving – (Heidelberg Magistrates’ Court)
A man in his 30’s was caught driving on a disqualified licence two months into a six month licence cancellation for drink driving. He was driving for work. The court suspended his licence for 2 months (which overlapped with the drink driving disqualification) and fined him $1000.
Read more -
Unpaid Fines – (Frankston Magistrates’ Court)
A lady in her 40’s had $68,000 in unpaid fines. She was arrested by the Sheriff and taken to court. At court we were able to have her fines reduced to $3,000 payable at the rate of $100 per month. That’s a saving of $65,000.00
Read more -
Disqualified Driving – (Dandenong Magistrates’ Court)
A lady in her 20’s was caught driving on a disqualified licence. She had been disqualified by the Dandenong Court for drink driving. At court we were able to stop her losing her licence for any longer. She was given a fine of $1000.
Read more -
Unpaid Fines – (Dandenong Magistrates’ Court)
We had a client who was driving on Eastlink for work and incurred fines in excess of $45,000. We listened to her story, reviewed her documents and had the fines reduced to a total of $1000 and got her 3 months to pay.
Read more
