ARTICLE
1 December 2022

Over 33,000 fines have been cancelled due to NSW Supreme Court's invalidation of COVID-19 fines

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O'Brien Criminal & Civil Solicitors

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O’Brien Criminal and Civil Solicitors defend people against criminal charges anywhere in Australia, as well as litigating defamation cases, and suing police and other authorities for unlawful conduct. We are a strong advocate for social justice issues and pride ourselves on our pro-bono practice. We are a growing and dynamic law firm that occasionally has vacancies for people seeking legal careers or administrative opportunities.
The court found that the COVID-19 fines failed to meet the legal requirements of section 20 of the Fines Act (NSW).
Australia Coronavirus (COVID-19)

The NSW Supreme Court determined that COVID-19 fines were invalid. This decision made Revenue NSW cancel more than 33,000 fines. The court found that COVID-19 fines failed to meet the legal requirements under section 20 of the Fines Act (NSW). Thus the Court deemed them invalid.

Three plaintiffs went to the NSW Supreme Court on behalf of Redfern Legal Centre where the legality of their COVID-19 fines came under challenge.

Redfern Legal Centre clients challenge COVID-19 fines

In response, Samantha Lee, Acting Principal Solicitor at Redfern Legal Centre and instructing solicitor for the plaintiffs said the following:

"What an incredible day for the people. Today justice has been granted to three people who took on the NSW Government regarding the validity of their COVID-19 fines and won!"

Revenue NSW invalidates 33,000 COVID-19 fines

Those that received penalty notices in the same form will also be deemed invalid, these will be:

  • Fail to comply with noticed direction in relation to section 7/8/9 – COVID-19–Individual" (the Revenue NSW website states that there are 32,648 fines in this category)
  • "Unlawfully participate in outdoor public gathering – Area of concern- Individual" (the Revenue NSW website states that there are 163 fines in this category)

Those who have paid, will be refunded

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