​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Making an Annulment Application

If you missed your court date, and you were found guilty in your absence, you can apply to have the decision annulled (cancelled).

If you want to make an Annu​lment Application you need to follow these simple steps​.

Mak​​​ing an An​​nulment Application - Step​​ b​​y step guide

Step 1: Get leg​al ad​vice​​

It is a good idea to first get some legal advice about your situation.

Step 2: Get the f​orm

You need one form:

  • Annulment Application. This form is called 'Application to the Local Court'.

You can get copies from:

Step 3: Fill in the​ form

When you complete the form, you must include:

  • your name and address
  • the name of the Officer in Charge (OIC) listed on your Court Attendance Notice (CAN)
  • the address of the police station where you were charged or which issued the CAN
  • the date you were convicted
  • the court that convicted you
  • the details of the offence(s) you were convicted of
  • the grounds (reasons) for your application (cross out 3 or 4 depending on the circumstances of your case)
  • your date of birth or driver's licence number, if relevant.

Instructions:  Instructions for filling out an annulment application.

Sample:  Sample annulment application.

Step 4: File t​he form

Once you have completed your form you must:

  • file it at the local court. Your case will be dealt with by the court that originally heard your case
  • pay the filing fee. The filing fee is $89.00 (as at August 2015).

The court registry staff will give you a date for your application to be heard. This may be on the same day or on another day. In case your application is heard on the same day, you should be prepared to appear before the magistrate.

Icon - alertYou have two years from the date of the court's decision to make an annulment application.

Step 5: Go to court​

When your application is heard by the magistrate, you will need to:

  • explain why you missed court (you may need to give evidence in the witness box)
  • call any witnesses who can support your explanation
  • show the court that you were either: not aware of the date of your case, sick, or unable to attend for some other reason
  • provide evidence, if you have any (for example a medical certificate stating what illness you had and how it stopped you from making it to court).

The magistrate will then consider your explanation and make a decision.

If you are successful

If you are successful, the court will annul the decision that was previously made. You will then need to tell the court whether you want​​​​​​ to plead guilty or not guilty to the original offence.

If you are pleading guilty, you may be sentenced on this date. You should have your character references and submissions ready. For more information, see Pleading guilty.

I​f you are pleading not guilty, your case will usually be adjourned (postponed) to another date for hearing. You should tell the court how many witnesses you will have for the hearing. For more information, see Pleading not guilty.

If you ​are unsuc​cessful

If you are unsuccessful, the decision and conviction imposed by the court in your absence will stay in place.

Icon - alertIf you are unsuccessful, you can file an app​eal to the District Court within 28 days. Before filing an appeal, you should get legal advice.  

For more information, see Appeals.