Our client had incurred a number of outstanding warrants for mostly CityLink and EastLink toll offences which totalled to an amount of $76,756. The client only realised how much the fines had skyrocketed in value when the sheriff came knocking on their door; but by this time, they were already unable to negotiate a payment plan and could not afford to pay the amount in full.
Sophie Stafford represented the client at the Broadmeadows Magistrates’ Court.
We advised the client to be arrested by the sheriff and bailed to a court date. At court, we made an application under section 160(3) of the Infringements Act, arguing that to imprison our client would be excessive, disproportionate and unduly harsh. Whilst the client had no ‘defence’ to incurring the infringements, we argued that personal circumstances should be taken into account and that the court should exercise its discretion to discharge some of the fines.
We successfully persuaded the magistrate to discharge over $50,000 worth of the outstanding warrants which is around 2/3 of the original amount. The remaining balance was ordered to be paid by instalments of $100 per month.