Criminal Defence Barristers & Solicitors

Special Circumstances Applications

Special Circumstances Applications – Infringements Court

We can help you with your special circumstances application, taking you through the process and giving you the best chance of success. A special circumstances application requires you to demonstrate to the Infringements Court that your fines were incurred and/or can’t be paid, due to the existence of “Special Circumstances”, as defined by section 16 of the Infringements Act.

Specifically, you must demonstrate that, at the time the fines were incurred, or currently, you are experiencing:

  • A serious mental or intellectual disability or disease;
  • A drug, alcohol or volatile substance addiction; or
  • Homelessness or without a stable place to live for an extended period of time.

The law states that you may not have to pay your fines if you were in a special circumstance and found it difficult to not break the law. This means:

  • You could not control your behaviour; or
  • That you did not understand you were breaking the law.

The application process involves accepting that you have broken the law and pleading guilty in court. If you dispute that you broke the law, you will need to seek further legal help.

Special circumstances applications are often incredibly complex and require a knowledgeable, experienced practitioner to properly assess and prepare a successful application.

Daniella Markotich, Principal of Markotich Lawyers, and Caitlin Dwyer, Associate, have assisted many clients in successfully obtaining a substantial reduction of their fines, regularly persuading the court to grant a full discharge.

Their success is based in the extensive preparation they undertake before each application; both Daniella and Caitlin always ensure they obtain the best material possible prior to making the special application. This guarantees you the best chance of success.

Make an appointment with Daniella or Caitlin today and ensure you have the best representation possible.