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Unpaid fines and the Infringements Court

The Infringements Court is part of the Magistrates’ Court of Victoria. It processes and enforces infringement notices and penalties. The Infringements Court does not hold court hearings to make decisions. Instead, decisions are made by infringements registrars.

If the agency sends your fine to the Infringements Court, you will get an enforcement order. The order should explain your options. See ‘Enforcement orders’ (link below).

If you pay the amount on the order by the new due date there is no further action.

Asking for a payment order

If you cannot afford to pay, ask the court for a payment order. You can apply in person or in writing. A payment order is where you can:

  • get more time to pay the fine
  • pay the fine off bit by bit in instalments.

If the infringements registrar needs more information about your financial situation, they can serve you with a summons to attend the Infringements Court. This process is called a ‘summons for oral examination’. It helps the registrar work out the best way for you to pay your fine. If you do not attend, the registrar can issue a warrant for your arrest.

Cancelling the enforcement order

You can also ask the court to revoke (cancel) your enforcement order if you:

  • disagree with the fine
  • think you should pay the amount on the original fine and not the extra costs
  • have special circumstances that apply to you.

See ‘Enforcement orders’ (link below).

Getting an infringement warrant

If you do not pay the enforcement order on time, the infringements registrar will issue an infringement warrant. The warrant means the sheriff can come to your home to get the money. The court charges you extra costs again.

If you cannot pay, the sheriff gives you a written seven-day notice. You have seven days to take action. See 'Seven-day notices & sheriff's sanctions' (link below).

Get legal advice immediately if the sheriff comes to your home.

More information

Enforcement orders

Infringement warrants and seven-day notices

Related publications

Fines: your options for dealing with fines

Related websites

Magistrates’ Court – Infringements 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.