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Challenging a fine in the Magistrates' Court

You can go to the Magistrates’ Court to challenge a fine if:

  • you do not think you broke the law
  • it was not you who broke the law, it was someone else
  • you believe you should not have to pay the full amount.

You can also go to the Magistrates’ Court to challenge the infringement registrar’s decision not to revoke your enforcement order. See ‘Enforcement orders’ (link below).

It is important to get legal advice before you choose this option.

If you want to go to court, write to the agency or Infringements Court to tell them as soon as possible. 

The agency that issued your fine or the Infringements Courtcan also take the matter to the Magistrates’ Court if you do not pay your fine. See ‘Infringement warrants’ (link below).

What happens at the Magistrates’ Court?

Going to court means you get to tell your side of the story to a magistrate or a judicial registrar. They then make a decision about what you must do.

The magistrate or the judicial registrar can decide to:

  • cancel the fine
  • take away the extra costs
  • order you to pay a smaller fine.

However, the magistrate can also decide to:

  • give you a larger fine
  • make you pay for the court costs
  • cancel or suspend your driver’s licence
  • record a conviction against your name.

If you have to pay, you can ask for the amount you owe to be converted to a community-based order. Ask for the court registrar at the Magistrates’ Court to apply. You must agree to the conditions of the order. You must also have enough free time to do the community work.

If you are found guilty, it may appear on a Victoria Police criminal record check.

More information

Enforcement orders

Unpaid fines and the Infringements Court

Infringement warrants and seven-day notices

Related publications

Fines: your options for dealing with fines

Related websites

Fines – elect to go to court

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some matters, where you have ‘special circumstances’ (such as a mental illness, a disability, a drug addiction or you are homeless), or where your situation is very serious (for example, there is a chance that you will go to jail), we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

See Getting help with fines.