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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 Annulment Application you need to follow these simple steps.
It is a good idea to first get some
legal advice about your situation.
You need one form:
You can get copies from:
When you complete the form, you must include:
Instructions: Instructions for filling out an annulment application
Sample: Annulment application
Once you have completed your form you must:
You can file an annulment application at any NSW local court, but your matter will be dealt with at the same court where the original decision was made.
You have two years from the date of the court's decision to make an annulment application.
When your application is heard by the magistrate, you will need to:
The magistrate will then consider your explanation and make a decision.
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
If 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 unsuccessful, the decision and conviction imposed by the court in your absence will stay in place.
If you are unsuccessful, you can file an appeal to the District Court within 28 days. Before filing an appeal, you should get
For more information, see