Can anyone help? I am here in Australia for 2+ years. I have been banned from the road for 3 months and required to go to court soon, only I do not know when the court hearing will be as the letter will go to my previous address. I can't obtain a copy of the letter and I intend on not attending anyway.

I have 146 driving offences against me, owing $38,000 which I do not intend paying for parking, jumping red lights speeding and god knows what else. I am in Australia with no visa, and 2 of my children's passports are expired. We are from UK does anyone know what is likely to happen to me? What will happen if I am caught, or what will happen if I do not attend court but stay ? Or should I run now back to UK? My partner is also here on a overstayed work visa, and we have no proof of income for the past 2 years. We have money here and in accounts back home but not $38,000.

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    You need a lawyer, or perhaps several lawyers, not an online forum. – Zach Lipton Mar 23 at 8:07
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    With 146 driving offences If you don't show up at court they'll issue a warrant for your arrest, and it'll count against you in any judgement. You need a lawyer right now. – CatchAsCatchCan Mar 23 at 8:22
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    Given the accumulation of offenses, you would probably be lucky if the only thing they did was expel you. Not sure about the specifics in Australian law, but in many countries you would be looking at jail time for all this. Get a lawyer NOW! – jcaron Mar 23 at 8:45
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    @candy Of course you can be put in jail, even if you have children. In Australia, the arrangements vary from state to state. The children will either be allowed to live with you in prison, or they will be put in foster care. – jarnbjo Mar 23 at 12:00
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    @candy if you didn’t commit some of the offenses because you sold the cars, that’s something a lawyer can help with. You need to talk to a traffic lawyer and an immigration lawyer to figure out your situations and get advice about what to do. – Zach Lipton Mar 23 at 12:18

You need a lawyer.

You have about 20,000 GBP of outstanding fines. You are committing a visa offence by overstaying your visa. The fact that you have no proof of income and do have some money suggests to me (and will suggest to the Australian authorities) that you have been working cash-in-hand, and hence are guilty of tax offences. Once they start investigating you, they will probably also start investigating your partner.

With that little lot, you are likely to be jailed for a few weeks/months, and then deported from Australia.

I am not an expert in Australian law; you need to talk to someone who is. If (from one of the comments), you didn't commit some of the offences because you had already sold the car, then a lawyer may be able to get those charges overturned - but it would have been much easier to do that if you had contested the charges before being found guilty. It is vitally important that you do not continue to just run away from these problems and stick your head in the sand.

At the very least, I think you need to phone up the court and find out when your hearing is.

Did I mention that you need a lawyer? (and should follow their advice, not the advice of some random bloke on the Internet).

  • As suggested in one of the comments, the OP may need two lawyers, an immigration lawyer and a traffic offense lawyer with experience with the court in question. – Patricia Shanahan Mar 25 at 8:53
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    @PatriciaShanahan - True, but if the OP gets one lawyer, I suspect their first advice is going to be "you need another lawyer as well". – Martin Bonner Mar 25 at 8:55

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