Before going to court
If you wish to have your infringement matter heard in the Magistrates Court of Victoria, you must advise us in writing.
It is important to get legal advice before deciding to take your matter to court as once the court process starts, you cannot change your mind and abandon the hearing or pay the original infringement. Going to court is serious and you may end up with a criminal record or receive a bigger fine than the infringement.
You may also be responsible for paying the Shire's legal costs for bringing the matter before the court. See the Magistrates Court of Victoria's Legal Help page for more information on obtaining legal assistance.
If you request for your matter be heard in court, you will receive initial correspondence confirming that your request has been received. The Shire will then begin the process of referring the matter to court and you will receive further correspondence including a charge and summons with a court date. This process may take several months from your initial request, depending on the complexity of the matter and the volume of requests.
At court
The Mornington Peninsula Shire's matters are heard at the Dromana Magistrates Court and you must appear in person for your matter. If you do not attend, the Shire may apply to the court on the day to have the matter heard in your absence.
At court, the Magistrate will hear your case and decide on an appropriate penalty. They may decide to:
- record a conviction if they find you guilty
- issue you with a new fine which might be more or less than the original infringement
- order you to pay Council's fees
- dismiss or discharge your case
- adjourn (delay) the matter to another date
- order you to do unpaid community work