Answers to common questions about fines issued by a judge or magistrate at court

If your fine is an infringement, such as a traffic, camera or officer-issued fine, see Infringement fine FAQs.

• What is a court fine?

  A court fine is a monetary penalty that is ordered by a court following a hearing for an offence. In Victoria, our courts include the Victorian Magistrates Court and the County Court of Victoria. A magistrate or judge may choose to refer the court fine to Fines Victoria for collection and enforcement.

• I believe I received a fine from court, but I haven't been sent anything. How can I check?

  Court fines are referred to us unless the magistrate or judge decides otherwise.

  If you believe you have a court fine, contact us to see if the fine has been referred to us for management. If the fine has not been referred to us, you can contact the court directly.

  You can also seek free legal information from the Federation of Community Legal Centres (FCLC) or Victoria Legal Aid (VLA).

• I was not at the hearing and did not know I had a court fine – what are my options?

  The court may make a determination and order you to pay a fine in your absence. If you were not in court when the final order was made, you may be eligible for a rehearing.

  It is recommended that you seek legal advice or visit the Magistrates' Court website and County Court of Victoria website for more information about the appeals hearing process.

• Why did I receive a Notice of Final Demand when I never received the earlier Court Fine Collection Statement?

  Fines Victoria is required to issue the Court Fine Collection Statement to the address provided by the court. If your matter has reached Notice of Final Demand, it has been sent to the address recorded in our system.

• Who determines if the court fine is managed by Fines Victoria or the Magistrates' Court?

  A judge or magistrate may choose to refer the court fine to us for collection and management or they may choose for the Magistrates' Court to manage the fine.

• How do I know what sort of court fine I have?

  If you have been ordered to pay a court fine, you will receive a Court Fine Collection Statement from Fines Victoria. The Court Fine Collection Statement has details about the court order (excluding additional orders not referred to Fines Victoria) and the major charge. It tells you how much to pay, when payment is due and provides information about your options and consequences of not dealing with the fine.

  If you do not pay the court fine by the due date on your Court Fine Collection Statement, you will also receive a Notice of Final Demand from Fines Victoria. The Notice of Final Demand will state whether you have a court fine or an infringement fine.

  If you are still unsure, contact us for assistance.

• What are my options for dealing with my court fine?

  You can deal with your court fine by:

  • paying it in full
  • applying for a payment arrangement (if eligible)
  • eligible for a payment arrangement: if the court has authorised or 'ordered' the Director of Fines Victoria to manage the fine, you can apply to us for a payment arrangement to pay by instalments and/or for an extension of time to pay. You can also add the amount to any existing payment arrangements you may have with us.
  • not eligible for a payment arrangement: if the court has not authorised or 'ordered' the Director of Fines Victoria to manage the fine, we cannot add this to an existing payment arrangement. However, you may be eligible to apply to the court who issued the fine for a variation of the order. Please contact the court for further details.
  • applying to the court for a rehearing or an appeal. Seek legal advice before contacting the court when considering whether to apply for a rehearing or an appeal.
• I want to dispute this court fine – can I apply for a rehearing?

  We are not able to determine if you are eligible for a rehearing – but the court that issued your fine can.

  It is recommended that you seek legal advice and visit the relevant court website for further information about applying for a rehearing before contacting the court for further detail. Be aware that you will need to physically attend the court location where your matter was heard to lodge a rehearing application.

  Further information can be found on the Magistrates' Court of Victoria website and the County Court of Victoria website.

• Should I apply for a rehearing or an appeal?

  Seek legal advice before contacting the court when considering whether to apply for a rehearing or an appeal.

• What are the general rules for applying for a payment arrangement for each type of court fine referred to Fines Victoria?

  We can create or modify an existing payment arrangement to include a court fine after a Court Fine Collection Statement is issued, and if it is permitted by the order of the court. Your payment options are outlined on your Court Fine Collection Statement.

  If permitted by the court, you can apply for a payment arrangement with us up until:

  • a sheriff's officer serves a 7 Day Notice on you and the 7 Day Notice period expires or you consent to waive the 7 Day Notice period (individual)
  • a sheriff's officer seizes your property, or a director of your company becomes a declared director (company).

  How to apply for a payment arrangement

• Is there a way to streamline my payment arrangements so I do not have multiple plans?

  The purpose of combining the payment arrangements is to streamline and make it simpler, not about affordability. We would not seek to put people in unaffordable positions, regardless of whether they have a single or multiple plan.

• Can court fines be put on a payment arrangement through Centrepay?

  Centrepay deducts instalments from your Centrelink payments. You can pay your instalments through Centrepay if the court fine has been referred to us for collection and management.

• Is a court fine eligible for enforcement review?

  No, court fines are not eligible for an enforcement review.

• If you are managing my court fine, can I still convert it to unpaid community work?

  We are unable to convert your court fine to unpaid community work – however the court that issued the fine may be able to.

  For information on this option you should consult the Magistrates' Court website or seek legal advice, before contacting the court. Be aware that you will require up to date information from Fines Victoria on how much is outstanding on your fine, to convert your court fine to community work.

• Can a court fine be added to my work and development permit?

  No, court fines cannot be added to your work and development permit.

• What happens if I do not pay my court fine?

  If you do not pay or deal with your court fine by the due date, the fine will be registered with the Director of Fines Victoria and a Notice of Final Demand will be issued. Additional fees will also be added to your outstanding amount.

  If you do not finalise the matter by the due date on the Notice of Final Demand, the Director of Fines Victoria may take one or more of the following enforcement actions:

  • suspend your driver licence / learner permit
  • prevent you from obtaining or renewing a driver licence / learner permit
  • prevent you from transferring or renewing a vehicle registration
  • prevent you from registering a vehicle
  • make a deduction(s) from your bank account, wage or money owed to you
  • charge and sell land you own.

  Note: It's an offence to drive with a suspended licence or unregistered vehicle.

  The Director may also apply to the Magistrates' Court to issue an enforcement warrant. Additional fees will be added to your outstanding amount when the warrant is issued.

• Why does my court fine statement includes an amount for "toll costs"?

  If your statement includes an amount for toll costs, it means the court has made an order that you pay administrative costs in relation to a tolling offence, and has referred that order to Fines Victoria for collection.

  These orders are not enforced by Fines Victoria in the same way as other outstanding amounts. This means that if the toll costs are the only amount outstanding, additional fees will not be added by Fines Victoria. However, if the amount remains unpaid the relevant tolling company may take action against you to recover these costs, which may lead to you incurring additional costs.

• What does it mean if there is a warrant on my court fine?

  If there is a warrant on your court fine then your fine has progressed to an enforcement warrant. When an enforcement warrant is issued, sheriff's officers can:

  • come to your address and demand payment (this is an official process called a 'payment demand')
  • stop you at a police roadblock
  • wheel clamp your vehicle, remove and sell it
  • remove the number plates from your vehicle
  • seize and sell your personal property
  • arrest you.
• What is the execution process for an enforcement warrant?

  Before executing an enforcement warrant against an individual, sheriff's officers will serve a 7 Day Notice on you and demand payment of the outstanding amount. If you do not pay the outstanding amount, sheriff's officers can seize your personal property and leave it with you (conditions apply), or they can seize and remove it if they think it is necessary to avoid the property being disposed of or removed.

  If the amount is still outstanding after the 7 Day Notice period has expired, sheriff's officers can seize, remove and sell your personal property. If you do not have any personal property, they can arrest you and release you on bail, or if you do not consent to being released on bail, they can take you to a police station.

  Before executing an enforcement warrant against a company, sheriff's officers will demand payment of the outstanding amount from the authorised representative of the company. If the authorised representative does not pay the outstanding amount, sheriff's officers can seize, remove and sell the company's personal property.

  While you or the company has outstanding enforcement warrants, sheriff's officers can at any time apply a wheel clamp to your vehicle, seize and sell it, or remove your number plates.

• How do I apply to recall a warrant on my court fine?

  You cannot apply to recall a warrant on your court fine. However, the enforcement warrant can be recalled and cancelled by the Magistrates' Court when:

  • your warrant is paid in full
  • you finish your payment arrangement and the warrant is paid in full
  • your warrant is paid in full under a completed attachment of earnings or attachment of debts direction
  • the court has converted your fine to community work
  • you apply to the court to rehear or appeal the fine.
• What happens if I am bankrupt?

  What is bankruptcy?

  Bankruptcy is a legal process where a person is declared unable to pay their debts. When a person is declared bankrupt, a person (known as a trustee) is appointed to manage their bankruptcy. The law of bankruptcy is governed by the Bankruptcy Act 1966 (Cth).

  How long is a person bankrupt for?

  A person is normally bankrupt for three years and one day.

  Which fines can the Director of Fines Victoria enforce?

  The Director can enforce:

  • registered infringement fines with an offence date after the person became bankrupt and that are at the enforcement and warrant stage of the Infringement Fines Lifecycle (for example, a person who was declared bankrupt on 25 March 2020 and received an infringement on 3 April 2020), and
  • fines or orders imposed by a court and that are at the enforcement and warrant stage of the Fines Victoria Court Fines Lifecycle (for example, court fines or enforcement hearing orders).

  The bankrupt person is responsible for these fines and retains the right to deal with them. If these fines are outstanding, the Director can enforce the fines including by applying sanctions (for example, driver and vehicle sanctions) or by applying for a warrant.

  Which fines cannot be enforced by the Director?

  The Director cannot enforce registered infringement fines with an offence date before the person became bankrupt and that are at the enforcement and warrant stage of the Infringement Fines Life Cycle (for example, a person who was declared bankrupt on 25 March 2020 and received a speeding fine on 3 April 2019).

  The Director cannot take steps to enforce these fines, however the bankrupt person retains the right to deal with them if they want to. The bankrupt should seek advice from a financial counsellor or a lawyer before making arrangements to pay fines that cannot be enforced by the Director.

  Which fines can enforcement agencies enforce?

  Enforcement agencies can enforce infringement fines that are not registered with the Director, such as by taking the person to court or taking other action. The bankrupt is responsible for these fines and retains the right to deal with them. These are fines at the infringement stage of the Infringement Fines Lifecycle.

  The bankrupt should contact the enforcement agency and advise them of their bankruptcy as soon as possible.

  Who can notify Fines Victoria that a person is bankrupt?

  The person (or their authorised representative), the Australian Financial Security Authority (AFSA) or the bankrupt's trustee in bankruptcy can notify Fines Victoria.

  What information should be given to Fines Victoria?

  The person making the notification must provide Fines Victoria with:

  • the bankrupt's name and address
  • the bankrupt's bankruptcy number
  • the date bankruptcy commenced
  • the bankrupt's date of birth
  • the name and contact details of the trustee in bankruptcy.

  If this information is not provided, there could be some delays with processing the notification.

  What will Fines Victoria do when they receive a bankruptcy notification?

  Fines Victoria will:

  • identify the fines that are subject to the person's bankruptcy, and
  • send a letter to the bankrupt person informing them of all the fines that will not be enforced by the Director (that is, registered infringement fines with an offence date before the person became bankrupt), and
  • suspend enforcement of the fines that are subject to the person's bankruptcy so that they cannot be enforced during the bankruptcy period.

  When will these notifications be actioned?

  If all the bankruptcy information is provided, the notification will usually be actioned within three business days.

  Will enforcement action stop when you receive a bankruptcy notification?

  Yes, the fines (subject to bankruptcy) will not be enforced during the person's term of bankruptcy.

  Can enforcement agencies commence proceedings or collect a debt that is already registered with the Director of Fines Victoria?

  No, registered fines sit with the Director and cannot be enforced by the enforcement agency.

  Can enforcement agencies de-register a fine once it is registered with the Director of Fines Victoria?

  Enforcement agencies cannot deregister a fine, however they can ask the Director to refer the fine back to them. The Director will only refer a fine back to the enforcement agency if the Director considers it is appropriate to do so.

  Will the Director consider a debt agreement as an alternative to bankruptcy?

  The Director will consider any debt agreement provided by a person as an alternative to bankruptcy.

  If a person enters into a debt agreement and the Director of Fines Victoria is listed on the agreement, the Director will honour the terms of the debt agreement, provided that unpaid fines are treated substantially the same as any other unsecured creditor.

  If the debt agreement is subsequently terminated, enforcement action will continue for any unpaid fines.

  Will the Director consider a personal insolvency agreement as an alternative to bankruptcy?

  The Director will consider a personal insolvency agreement (PIA) under the Bankruptcy Act if it is accepted by a majority of creditors.

  If a person has a PIA (as described above) they will be treated similarly to a bankrupt. If the PIA is subsequently terminated, enforcement action will continue for any unpaid fines.

  Will the Director be taking steps to prove a fine debt?

  It is important to note that while bankruptcy may lead to certain infringement fines being unenforceable under the Fines Reform Act 2014 (Vic), the Director may seek to recover these fines by proving the debt under the Bankruptcy Act.

  It is not proposed that the Director would routinely seek to prove fine debts. There may however be cases where the Director considers it appropriate to do so.

  What will happen at the end of the person's bankruptcy period?

  AFSA, the bankrupt or their representative are advised to notify the Director when the bankruptcy period ends so the fines can be written off. They should also provide supporting information so these notifications can be processed quickly.

  When the Director becomes aware that the person's bankruptcy period has ended, infringement fines registered with the Director with an offence date before the person became bankrupt will no longer be enforceable.

  Can a bankrupt person still deal with their fines?

  Yes, a bankrupt person can still deal with their fines by:

  • paying in full
  • applying for a payment arrangement or time to pay order
  • submitting a nomination statement
  • applying for an internal review or enforcement review
  • applying for a work and development permit through a sponsor
  • applying under the family violence scheme.

  There may be some eligibility criteria. Visit Family Violence Scheme for more information on these options.

  Before taking any of the actions listed above, the bankrupt person may wish to consider whether it is likely that the Director or enforcement agency will enforce the fine, noting that:

  • infringement fines registered with the Director (with an offence date before the date of bankruptcy) will not be enforced during and after the person's bankruptcy period.
  • court fines, infringement fines not registered with the Director and infringement fines registered with the Director (with an offence date after bankruptcy) will be enforced during and after the person's bankruptcy period.

  Who can a bankrupt person contact for more information?

  To learn more about bankruptcy or to get financial advice and information, visit:

  • Moneysmart
  • Australian Financial Security Authority
  • Consumer action law centre
  • National debt helpline.

  For legal advice about specific circumstances, visit Federation of Community Legal Centres to find a local community legal centre or visit Consumer Action Law Centre for legal help.

  For general information on how bankruptcy operates under the Fines Reform Act, please call (03) 9200 8222 between 8am and 6pm weekdays, except public holidays.