Step 1: Get legal advice
Choosing to have an overdue fine decided in court can be risky – courts can give you a higher penalty or may record a conviction if you are found guilty. Before taking an overdue fine to court, you should get legal advice.
Step 2: Apply to have your overdue fine listed at court
Ideally you should apply to have your fine heard in court before an overdue fine has been issued. If you have received an overdue fine, you may apply to go to court however you will need to prove that you were prevented from paying or managing your fine before the due date. This is called hindrance. You will need to supply supporting evidence, such as medical or travel documents.
When an overdue fine is issued, any demerit points will remain on your licence until your court application is processed see Responding to an overdue fine.
Step 3: Wait for the outcome of your application
Revenue NSW will tell you in writing whether your court application has been approved.
It can take up to six weeks for Revenue NSW to let you know what they decide.
If you receive a court attendance notice (CAN), go to step 5. If Revenue NSW does not withdraw your enforcement order, go to step 4.
Step 4: Apply to the Local Court to annul (cancel) your enforcement order (if Revenue NSW did not withdraw it)
If Revenue NSW does not accept your court application, you can apply to the Local Court to annul (cancel) it. If you are successful, the court can then deal with the original fine and withdraw the overdue fine.
You can apply to the Local Court in writing. You should include your name, contact details and the details of the fine you want annulled (cancelled). There is no form you need to complete to do this.
You have 28 days to apply to the Local Court for an annulment of the overdue fine if it is not successful.
Step 5: Prepare for your court date
You should make sure you know the time, date and location you need to attend court and plan how you will get there.
Before your court date you should collect any documents you want the court to consider when deciding your case (if you are pleading guilty), and what you will say to the Magistrate.
For more information about preparing for court, see Mention.
Step 6: Attend your court date
Make sure you get to court before the time listed on your court attendance notice. If you can’t find your courtroom, ask for assistance from a court officer.
If you miss your court date, the Magistrate can decide your case without you being there. If this happens, you should get legal advice.
You should be prepared to tell the court if you want to plead guilty or not guilty.
For more information about what happens at court, see Going to court.
If you are asking the court to annul the fine (because Revenue NSW would accept your court application), you should be prepared to enter a plea of guilty or not guilty on the same day.