How do I request a Court Hearing?
When can I choose to go to court?
If you have been issued an Infringement notice, you can elect to have your matter heard in the Magistrates' Court (or the Children's Court if you’re under 18 years of age) unless the infringement has been registered with Fines Victoria.
How do I apply for a Court Hearing?
To apply for a Magistrates Court hearing, please complete the Infringement Request a Court Hearing Application Form (available below) and return to Council. Please ensure to complete all required fields or your application will be invalid.
Do I need to supply my current name and address?
Yes. It's important you provide your most current address and contact details so we can contact you about your application if required.
- BY MAIL
- Please attach a completed application form and supporting evidence and mail it to:
- Greater Shepparton City Council
Locked Bag 1000
SHEPPARTON VIC 3632 - IN PERSON
- Please complete an application form, attach supporting evidence and present during opening hours Monday to Friday at the Council offices, 90 Welsford St., Shepparton.
What happens after I apply?
Once your application to have your matter heard in the Magistrest Court is accepted:
- the investigating officer will prepare a brief of evidence and submitted to Council's lawyers who will prepare the charge and Summons for you to appear in the Magistrates' Court;
- the matter will be listed in the Shepparton Magistrates' Court;
- you will receive a Charge and Summons either in person or via mail to appear in the Magistrates' Court on a schedule date, time and location;
- it is recommended that you seek legal advice before your scheduled court hearing from a Lawyer, a community legal centre or Victoria Legal Aid on 1300 792 387, Federation of Community Legal Centres (03) 9652 1501, Victoria Aboriginal Legal Services on 1800 064 865;
- you will need to appear at a court hearing on the date and time specified on your Charge and Summons
If you do not attend your hearing, the Magistrate can decide the outcome of the matter in your absence.
Possible outcomes of a court hearing
The Magistrate will hear the case and decide on the outcome. The Magistrate may:
- find you guilty;
- record a conviction if they find you guilty;
- issue you with a monetary penalty (the penalty may be either more or less to the amount on your original Infringement Notice);
- dismiss or discharge your case;
- adjourn (delay) the matter;
- issue you with another penalty such as unpaid community work; or
- issue you with a penalty and refer the penalty to Fines Victoria for collection, enforcement and management.