Going to court
You have the right to take your infringement to the Magistrates' Court anytime up until the infringement is registered with Fines Victoria.
If you elect to go to court, you will have to explain yourself in front of a magistrate. The magistrate will decide the case and any appropriate penalty and any costs.
Possible outcomes of a court hearing
The magistrate will hear your case and decide on any appropriate penalty. They may decide to:
- record a conviction if they find you guilty
- issue you with a fine (which may be more or less than the amount on your Infringement Notice)
- order you to pay an amount of costs in relation to the hearing
- dismiss or discharge your case
- adjourn (delay) the matter
- order you to do unpaid community work.
How to elect to go to court
If you wish to have your matter heard in court, you will need to take the following steps:
Step 1To make a request to go to court, download the Application for Action by a Court form.
Complete, sign and return it by email or post it to us using the reply-paid number on the application form.
Call 1300 551 575 if you need more information.
After we receive your completed application, we will begin legal proceedings and will be in touch with you in due course.
You (or your legal representative) may be required to appear in a Victorian Magistrates' Court.
Note: It is recommended that you seek legal assistance before attending court.
If you need legal or financial assistance during any stage of the infringements process, you can contact your lawyer or one of the organisations listed below:
- Victoria Legal Aid
- Federation of Community Legal Centres
- Law Institute of Victoria
- Justice Connect
- Victorian Aboriginal Legal Service