Appeals and annulments​

​Appealing​​ the decision

You may be able to appeal against the decision of a local court magistrate if:

• you don't agree that there was enough evidence to find you guilty or
• if you think the sentence is too harsh.

An appeal is an application to a higher court to reconsider the lower court's decision.

Fines cases that are decided in the Local Court can be appealed to the District Court. If you appeal the sentence given to you in a fines case, you are asking for the decision of the magistrate in the Local Court to be changed or cancelled.

If you want to appeal the decision of a magistrate of the Local Court you must file your appeal within 28 days of the court's decision. If it is more than 28 days but less than three months after the decision, it is possible for the District Court to give you leave (permission ) to appeal. Before you appeal, you should get legal advice as the District Court can give you a higher fine or penalty.     

Applying to annul (cancel) the decision

If you miss your court date, a decision about your case can be made in your absence (without you being there). This is sometimes called 'ex-parte'.

In most cases when this happens you will be found guilty and sentenced by the court.

If you have a good reason to explain why you couldn't attend court, you can apply to have the decision annulled (cancelled). 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.

If the magistrate accepts your explanation, the decision will be annulled and your case re-heard.

An application for annulment may be granted where:

• you were too sick to attend court
• you were involved in an accident on your way to court
• you were delayed because of some other reason, for example, assisting police, arrest, serious traffic delays
• it is in the interests of justice to annul the court's decision.

An application for annulment may not be granted where:

• you simply forgot to turn up to court, or
• if you got your days confused.

Step by step guide: Making an Annulment Application

In most cases, you have two years from the date of the court's decision to make an Annulment Application.​

If the magistrate refuses to annul the decision, you may be able to file an appeal to the District Court within 28 days or within three months with the court's permission. Before filing an appeal, you should get legal advice.                    

​ The court has the power to annul a decision on your behalf if they believe it is in the interests of justice to do so.