Victoria's Transport Department has again refused to defend its embattled myki ticketing system in court after prominent human rights barrister Julian Burnside QC took a personal interest in defending a commuter.

The department suddenly withdrew an allegation of fare evasion against Melbourne woman Lindy Muto when it learnt of the involvement of Mr Burnside at a court hearing on Wednesday.

Lindy Muto was charged with not touching on her myki card before the case was withdrawn. Credit:Simon O'Dwyer

The move comes after a decision in April to withdraw its case against another client of Mr Burnside, just days before it could be heard and amid allegations the department was avoiding legal scrutiny of its problem-plagued technology.

At the time, Mr Burnside, who would usually command more than $10,000 a day, took on the case pro bono, accusing the department of bullying innocent commuters into paying on-the-spot fines for allegations that could be defended in court.