Going to Court

Going to Court

Reducing Penalties

It is common for people with a substantial amount of fines and infringements to have them all dealt with at Court where the Magistrate can agree to a payment plan or waive or all part of the amount that is owing. However, in order to qualify for a reduction or waiver you would need to show that a special circumstance existed that contributed to the amounts increasing.

This could be because of mental illness, such as depression, it could be because of some turmoil in your life, such as the loss of someone close or because you were the victim of domestic violence. If you can show and support a special circumstance, you may allow the Magistrate to give special consideration to your situation. If special consideration is given, then it will often lead to an overall reduced penalty.

If you think that you have a special circumstance that contributed to a large volume of fines and or infringements being received, then we can assist you in preparing a plea and presenting it to the Court for you. Any amount over $5,000.00 is generally worth getting legal representation.

Intervention Orders

If you are in fear of your safety, then you can contact the police or apply to the Magistrates Court for an intervention order, preventing the person you fear from coming close to you.

Intervention orders can set out a number of restrictions to keep the other person away from you, such as a distance in which they must keep from you, not to stalk you and not to contact you via phone, email or social media amongst many.

If you are in immediate fear of your safety then the police should be called who have the power to issue a temporary intervention order. You can also apply to the Court for a temporary intervention order until the matter is heard. You must have reasonable grounds to make such a request and you must state those grounds to the Court personally. Effectively the other person, whom the order is against, has no way of defending themselves against a temporary order.

Once the matter is brought to Court, it is often solved by an undertaking from that person that they will not breach the restrictions in the undertaking. The same as an intervention order. The difference with an undertaking is that it is not an order by the Court but an undertaking to the Court not to do the things set out in the undertaking.

If the conditions in the undertaking are breached, then the person can use this as evidence to apply to the Court for a Court ordered intervention order to be granted.


If you have to go to Court for any particular reason and front a Magistrate or a Judge, then it is always best to have a legal representative do this for you. If you cannot afford representation, then you may seek the assistance of legal aid. If legal aid is unavailable then we may be able to assist you to prepare and present your own case, which would be significantly less than if we did all of this for you.

If it is a minor matter, then the Court should guide you through the process. You can always ask the court co-ordinator any questions about the process. Just ensure that you present well in appearance and appear confident in what you have to say.

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