Frequently Asked Questions
I have been issued a warrant. Will I go to prison for my fines?
The Magistrate can imprison a person for one day for each penalty unit. If the Court is satisfied that imprisonment would be excessive, disproportionate or unduly harsh on the person, the Magistrate may:
- Order imprisonment for up to two thirds less than the total that may be imposed
- Discharge the outstanding fines in full
- Discharge up to two thirds of the outstanding fines
- Adjourn the hearing of the matter for 6 months
It is for this reason that it is very important to take a solicitor to court with you.
If the Magistrate places a person on a payment plan rather than ordering imprisonment, the payment plan will come with what is called an imprisonment in lieu order (IIL) attached. What this means is that if the person defaults on the payment plan at any stage prior to it being totally paid off, the person will owe a certain amount of days in custody. The larger the reduction in the fines, the larger the reduction in the amount of imprisonment that is outstanding pending a default.
Can I apply for revocation of my infringements through Civic Compliance?
If you are claiming the that you:
- Were not the driver of the vehicle at the time;
- Were not the owner of the vehicle at the time;
- Never received the initial infringement or penalty notices.
Then you can apply for revocation through Civic Compliance by completing either Form A or Form B which is provided on their website.
If Civic Compliance and ultimately the Court is satisfied that the infringements were received at any stage and just not actioned, the revocation will be refused and all matters sent back to the Infringements Court/Civic Compliance.
In circumstances where the fines were received but not actioned because special circumstances existed then revocation can be applied for on that basis but must be accompanied with a report from a treating medical practitioner, psychologist or psychiatrist. Failing that accompaniment, the revocation will be refused.
What are the fees to take my infringements matter to Court?
You will be charged an initial consultation fee of $440 which is not refundable. If you decide that you would like our firm to represent you at your court hearing, this amount will be deducted from our appearance fee.
Legal aid funding is not available for infringements matters.
Please see our Fees page for more information.
Once my matter is listed at Court, can we ask the Magistrate to impose unpaid community work rather than a financial penalty?
Unpaid community work can only be ordered on any outstanding amount below $10,000. If this is the course you seek to take, you need to advise your solicitor prior to the hearing date as this order can only be made by a Magistrate. A fine cannot be converted into community work after the court hearing as an imprisonment in lieu order attaches.