Making an Annulment Application

​If you want to make an Annulment Application you can follow these simple steps:

Making an Ann​​ulment Application - Step by step guide

Step 1: Get legal advice

If you missed your court date and you want to have your case annulled (cancelled) you should get legal advice.

You can get more information about making an Annulment Application from a Legal Aid NSW brochure called Reviewing Local Court decisions which is available from the Legal Aid NSW website.

Step 2: Get the Ann​ulment Application form

You need one form:

• Annulment Application (this form is called 'Application to the Local Court').

You can get copies from:

• any local court
• the Local Court website.

Step 3: Complete​ and file the Annulment Application form

When you complete the form, you must include:

• your name and address
• the names of any other parties, for example NSW Police, Council or RSPCA
• 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), and 
• your date of birth or driver's licence number, if relevant.

Sampl​e: Sample Annulment Application.

Once you have completed your form you must:

• file it at any local court 
• pay the filing fee. The filing fee is $97.00 (as at 1 July 2019)
• get a date for your application to be heard from the court registry staff. This may be on the same day or on another day.

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.

Step 4: Go to c​ourt

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, and 
• provide evidence, if you have any (for example a medical certificate).

If you were unable to attend court due to illness, you may want to provide the court with a medical certificate. The medical certificate should explain why you were unable to attend rather than simply stating that you had a 'medical condition' or 'illness'.

The magistrate will then consider your explanation.

If you are su​ccessful

If you are successful, the court will annul the conviction 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.

For more information, see Going to court and Frequently Asked Questions.

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.

If you are pleading not guilty, your case will usually be adjourned (postponed) to another date for hearing.

For more information, see Pleading not guilty.

If you are unsu​ccessful

If you are unsuc​​cessful, 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 w​​ithin 28 days. Before filing an appeal, you should get legal advice. ​