The Court: Ringwood Magistrates Court
The Lawyer: Ashleigh Wallace
The Charges:
The Allegations:
The client was employed as an apprentice carpenter at the time of the offences. Between 2012 and 2017, the client incurred several infringements for using toll roads and parking fines as part of his employment. Due to inconsistent income and personal challenges, the client failed to address the fines, which accumulated to $90,000 with added penalties (administrative and late fees).
The client attempted to enter into payment plans to address the debt, but had defaulted on several payment plans arranged with Fines Victoria. Given the age of the infringements and the many opportunities given to the client, Fines Victoria referred the matter to the Sheriff’s Office.
The Sheriff located the client and served him with an Enforcement Warrant, advising him to seek legal advice as soon as possible. The client contacted our office in the interim period; however, by this point, the seven-day notice had lapsed, and the client was arrested and bailed to appear at Ringwood Magistrates Court.
At Court:
Our solicitor took full instructions from the client and collated all the material. The client advised that he was in severe financial difficulty at the time of accruing the fines, due to a back injury he had sustained, which impacted his ability to work. Following the accident, he experienced irregular work hours, which made it difficult for him to earn a stable income.
Our solicitor made submissions to the court and tendered supporting material. Our client now had secure employment, was living with his wife and two children and was the sole income earner for his family.
Our solicitor submitted that, given the client’s circumstances at the time of accruing the debt, the Magistrate should consider discharging a portion of the debt and allowing the client to go on a further payment plan to settle the outstanding amount, citing financial hardship as special circumstances under section 165(2)(b) of the Fines Reform Act 2014 (Vic).
The Outcome:
Taking these matters into account, the Magistrate accepted the submissions made by our solicitor and discharged approximately $60,000 of the total amount owing and placed the client on a payment plan at the rate of $100 a month.
This was a fantastic outcome for the client, as a large portion of the debt was discharged. This result was achieved through thorough preparation, detailed submissions and an understanding of the relevant legislation governing infringements.
