Explore our sites
If you have received a Council fine and you want to take the matter to the Victorian Magistrates’ Court or Victorian Children's Court, you must submit a request to Council in writing.
Before going to Court, Council strongly recommends you review the Parking or Local Law fine photos which may help you with your decision to take the matter to Court.
You could also appeal to Council to have the fine withdrawn.
The Infringements Act 2006 allows you to appeal your fine once. No additional costs apply when you lodge an appeal.
If you elect to go to Court, you will incur Court-related costs when you apply including legal and lodgement costs.
|
On this page: |
Note:
- Whitehorse City Council also incurs costs as part of this process. If the magistrate finds in favour of Council, Council will seek to recover these costs.
- Council cannot provide you with legal advice. You will need to seek independent advice. You may be eligible for assistance from community legal centres or government-funded services. Visit the Victorian Magistrates’ Court or Victorian Children's Court for more information.
- Serious offences such as dog attacks may be directly referred by Council to the Victorian Magistrates' Court.
Before you elect to go to Court
If your fine has not reached its due date, has not been registered with Fines Victoria and you have the necessary “Legal Standing”, you can request to have the matter heard at Court. The Infringements Act 2006 states that only people with "Legal Standing" may apply for a fine review, payment arrangement or request a Victorian Magistrates’ Court or Victorian Children's Court appearance.
Electing to go to Court
All Court appearance applications need to be in writing either on-line, by form, letter or email and must include the following information:
- Your name and residential address (Not a P.O. Box)
- Your best contact phone number
- Your best contact email address
- The fine number(s)
- Your vehicle registration number (for vehicle-related fines)
- Your date of birth or driver's license number
- An explanation of why you believe the fine(s) should be reviewed
- All relevant supporting documentation.
Note: We’ll respond in writing to the provided email address. Please regularly check for a message from Council in both your email inbox and junk mailbox.
Council will notify you that your Court request has been received and processed, and that proceedings will commence at either the Victorian Magistrates’ Court or Victorian Children's Court. Following this, the matter will be referred to the Court and you will receive a Charge Sheet and documentation confirming your Court date.
NOTE: Additional costs will be added if the matter is referred to Court. Council advises you to obtain independent legal advice before attending Court.
Court Outcomes
The Magistrate will decide the outcome. If you are found guilty of the offence, the Magistrate may:
- Sentence you and determine penalties which may include Council costs and victim expenses
- Record a conviction
- Dismiss the matter
- Make a community corrections order
- Adjourn the case.
More information
For more information about the fines and Magistrates' Court process, visit:
