Frank Jones a 45 year old male whom had overcome quite a significant traumatic past of substance abuse and mental health issues which had resulted in long term unemployment and transient living. Frank was now settled in Ballarat, clean of drugs and engaged with mental health services. He was doing well however had 8 outstanding infringements totalling $3,500. These infringements occurred whilst Frank was in the grips of his drug addiction and occurred between the years of 2006-2008. The infringements related to traffic offences of speeding, parking and not obeying traffic lights.
We wrote to Frank's long time treating doctor who was able to provide a brief report on a pro bono basis that was submitted with our application to the Infringement’s Court to have the fines revoked on the basis of special circumstances. Six months passed and finally we were in receipt of a response from the Infringements Court. The response was welcome news and all 8 outstanding infringements were revoked. Frank was amazed and very grateful.
A second matter that Frank was contending with was of a more serious nature in that he had a warrant for his imprisonment due to failing to make payment on a court ordered fine. This court fine was a consequence of Frank's nominating to have an infringement heard in court, however attending court without any legal assistance he was unsuccessful in having the fine revoked and was ordered to pay $1,400 by way of $50 per month instalments to which he defaulted. This required us to make an application to the Magistrates Court under s160A of the Infringements Act 2006 and s58 of the Magistrates Court Act 1989 to have the warrant recalled and cancelled and for a re-hearing to take place. Our application was successful and we provided Frank with drafted submissions for him to present to the Magistrate. He appeared unassisted in person and upon hearing the submissions the court cancelled the warrant and revoked the infringement. Frank left the court with great relief.
During our casework a third matter arose for Frank, in that a recently purchased motor vehicle from a second hand dealer had broken down only a couple of months after purchase. The mechanical fault was such that it required a new engine and therefore a significant cost that our client could not meet. We wrote a letter of demand relying on consumer protections under Australian Consumer Law to the car dealership requesting that either the vehicle be repaired free of charge or a replacement vehicle be provided. At first the dealership responded negatively and would not oblige with our requests and in light of this began preparing VCAT documents for our client. However a short time thereafter Frank contacts us to advise that the car dealer had a change of mind and had provided our client with a replacement vehicle.
It is fair to say that without the assistance of the Central Highlands Community Legal Centre Frank would have faced the prospect of imprisonment for unpaid court orders and the executing of warrants for the other outstanding infringements that may also have resulted in imprisonment. Furthermore with no legal assistance in respect of the vehicle purchase Frank would today have no car to drive to and from his recently found casual employment.