Request a hearing at the Magistrates' Court

If you have received a Council fine and you want to take the matter to be heard at the Victorian Magistrates’ Court, you must submit a request to Council in writing.

Before going to Court, and if you have not already done so, 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 You could also appeal to Council to have the fine withdrawn.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 lodgment 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 Magistrate's Court website 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 appearance.

If you have not already done so, view your fine photos when the parking or local laws fine was issued. This may assist you decide whether you want to send the matter to the Magistrate's Court.

Electing to go to Court

Council will notify you that your Court request has been received and processed, and that proceedings will commence at the Victorian Magistrates’ 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.

The most efficient way to notify Council you would like to take the matter to Court is to use the online form by clicking the link below. It is recommended that you have all your supporting documentation ready before you start.

Click Here to complete the Online Form to Request a Court Appearance

NOTE: If you receive a "Session Expired" message, please re-click the online form link above.

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:

Frequently Asked Questions