LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Advised of Incorrect Jurisdiction - Grounds for Dismissing Speeding Fines?

Discussion in 'Traffic Law Forum' started by litesource, 5 June 2015.

  1. litesource

    litesource Member

    Joined:
    5 June 2015
    Messages:
    1
    Likes Received:
    0
    I am contesting a speeding fine and went to court yesterday for the first mention. After a case conference where the cop basically told me I was wasting my time, I said I wanted to take it to a hearing. As the clerk could only organize an adjournment for another mention, I went back to the prosecuting cop for a hearing date and he discovered they had listed the wrong jurisdiction, i.e. it should be Moorabbin Magistrates Court and not Melbourne Magistrates Court, so yesterday was a complete waste of my time due to their mistake.

    Is this grounds for having the speeding fines matter dismissed and if so, who would I apply to?
     
  2. Ponala

    Ponala Well-Known Member

    Joined:
    10 February 2015
    Messages:
    169
    Likes Received:
    19
    No, not grounds for dismissal. It is only administrative to where it should be listed (either court closest to where offence occurred or where the accused lives). Not a fatal error.
     
  3. Tracy B

    Tracy B Well-Known Member

    Joined:
    24 December 2014
    Messages:
    435
    Likes Received:
    70
    Hi Litesource,

    Not a ground for having the speeding fine dismissed. But is a ground for having any summary judgement orders set aside for the reason that you were given the wrong court. Which means, you will likely have your matter heard again in the correct Magistrate's court.
     

Share This Page

Loading...