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Subject: Re: Drivers [may] have had licences illegally suspended by RTA Posted on: Fri, 04 Jul 2008 13:31:17 +1000

Noodle wrote:
> Hello, Sylvia.
>
>> http://www.news.com.au/dailytelegraph/story/0,22049,23965895-5001021,00.html
>
> I have been to a NSW Local Court, and had $980 Court Fine imposed by a
> Magistrate, for driving on a suspended license.
>
> Using the above case as a precedent, I want to get a refund on my
> Local Court Fine.
>
> 1) Where can I find this case on AUSTLII, as I have searched myself
> and could not find it?

It's probably just a Local Court case, and they're not reported in
Austlii, nor indeed anywhere on line.

>
> 2) What process do I need to follow if I want to get a refund against
> the RTA, without engaging a solicitor/barrister/lawyer?
>

It's not much of a precedent. I imagine that the RTA will appeal. If
they ultimately lose, then the question of refunding fines will get
looked at. But I expect they'll win.

In any case, unless you've only just been found guilty by a magistrate,
you're probably out of time for an appeal, without the consent of the
court (which I doubt you'd get).

The issue is far from clear cut, and you would probably spend much more
than the amount of the fine on legal costs unless you're proposing to do
the whole thing yourself.

Sylvia.