Step by step guide - Making an annulment application

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

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
  

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

Once you have completed your form you must:

• file it at the Local Court 
  
• pay the filing fee. The filing fee is $110.00 (as at 1 July 2023).
  
• 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.

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:

• 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 Preparing for court if you are 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 unsuccessful

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 app​eal to the District Court within 28 days. Before filing an appeal, you should get legal advice.  

For more information, see Appeals.