Waddington v State of Victoria [2018] VSC 746

In Waddington v State of Victoria [2018] VSC 746 the plaintiff sought relief against the State of Victoria, the Sheriff for the State of Victoria, Kirk Branton (Sheriff’s Officer) and Victoria Police, regarding 605 infringement warrants totalling $146,824.27, for driving an unregistered vehicle in a toll zone. The fines were not paid and enforcement orders were made. His vehicle was subsequently seized by the Sheriff’s Office sold at auction and the proceeds were applied to pay a portion of the warrants. By order of the Magistrates’ Court the infringement warrants were reduced by two thirds to $43,500 and, in default of payment, the plaintiff was imprisoned for 365 days, which was executed. In his statement of claim, the plaintiff alleges that the four defendants are liable for trespass to goods, false imprisonment, battery, and breach of statutory duty. There were numerous grounds, including that the Free Access to Courts Act 1400 imposed a statutory duty upon the second and third defendants, that sections of the Infringements Act 2006 (Vic) were invalid by reason of inconsistency with Imperial Acts Application Acts and by reason of imposing functions upon the Magistrates’ Court repugnant to or incompatible with the institutional integrity of the court. The summons was dismissed.

Click to access waddington-v-state-of-victoria-2018-vsc-746.pdf