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Step by step guide - Taking an overdue fine to court

Information about how to apply to have an overdue fine heard at court.

 

  • Get legal advice

    Before you apply to have your fine heard in court, you should get legal advice. If you are found guilty, the Court can give you a larger fine. 

You can apply to go to court:

  • online via myPenalty
  • by filling out a request to have fine heard in court, or
  • by writing to Revenue NSW
Online via myPenalty

To be login to myPenalty, you will need the fine notice number and the date of the offence. 

Filling out the form or writing to Revenue NSW

You need to complete:

  • a Request to Have a Penalty Decided in Court – Individual.

You need to attach your evidence of hindrance document to your completed form. 

Instructions: Instructions for completing a Request to Have a Penalty Decided in Court – Individual

Sample: Request to Have a Penalty Decided in Court - Individual

If you do not have access to the internet or if you want to write to Revenue NSW. In your letter you should include:

  • the fine notice number,
  • your full name,
  • your address,
  • your date of birth,
  • your phone number and
  • a sentence that explains that you want to go to court, such as: "I am applying to have my fine notice determined by a court. I understand I will receive a court attendance notice".

You can send your completed form or letter to:

Revenue NSW 
PO Box 786 
Strawberry Hills NSW 2012

There is no application fee to request to have a fine heard in court.

You should make a copy of your form or letter and supporting documents before you post them.

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 Revenue NSW doesn’t withdraw your overdue fine, you can apply to the Local Court of an annulment order.

If Revenue NSW does not accept your court application, you can apply to the Local Court to cancel the overdue fine. If you are successful, the Court can then deal with the original fine and withdraw the overdue fine.

You must apply to the Local Court in writing. There is no form you need to complete to do this.

You should include your name, contact details and the details of the fine you want cancelled.

You have 28 days to apply to the Local Court after the date Revenue NSW rejects your court application.

You should check your court date and time, and the address of the Court. This should be written on your Court Attendance Notice (CAN).

You can also find these details on:

If you need an interpreter at court, you should contact the court registry at least two weeks before the hearing. The Local Court provides free interpreters in criminal cases. For more information, see Translators and interpreters on the Local Court of NSW website.

If you are pleading guilty, you should take the following things with you to court:

  • your fine and/or CAN
  • the police fact sheet or other documents you have received
  • your submissions
  • your character references
  • your letter of apology
  • any other relevant evidence
  • a notebook and pen to make notes.

If you want to tell the Magistrate that you have a particular medical condition, you should take a medical certificate or letter from your doctor.

If you have done a course like a Traffic Offender Intervention Program you should take a copy of the certificate showing that you finished that course. A copy of your certificate should be sent directly to the Court, but it is a good idea to take your copy in case the court does not get one.

It is also a good idea to take evidence of your income and assets, particularly if you want to tell the Magistrate that it would be difficult for you to pay a large fine.

If you are pleading guilty, it is a good idea to get two or three character references.

Character references are letters written by referees (people) who know you and can write about your good character.

For more information, see Character references.

If you are pleading guilty, it is usually a good idea to write an apology letter to the Court.

An apology letter shows the Court that you:

  • realise the seriousness of the offence
  • are sorry for your actions
  • won’t re-offend.

For more information, see Apology letter.

You should take the original and three copies of any documents, for example character references, you intend to give to the Magistrate. The original will be kept by the Magistrate. You will need to give one copy to the prosecutor, keep one for your records and have a spare.

If you are pleading guilty, you may want to write down the main points you want to tell the Magistrate. The Magistrate will refer to them as your submissions. This may include:

  • the circumstances of the offence
  • your personal history,
  • your education history
  • your employment history
  • your financial circumstances
  • evidence of good character
  • your criminal and driving history
  • remorse
  • the court orders you would like to suggest.

Having notes will stop you from forgetting anything important.

For more information, see Your submissions. 

If you are nervous about speaking to the Magistrate, you can write what you would like to say in a letter and hand it up to the Magistrate. The Magistrate may ask you questions about the information you have included in the letter.

You could practice speaking to the Magistrate with one of your friends or relatives.

You could also go to a Local Court and watch some hearings. If you call the court, you can find out the dates and times that hearings are held. Courts are open to the public (except if a case involves a child) and you can sit in the public area at the back of any court and watch. ​

For more information about what might happen at court, you should watch the video below:
LawAccess NSW - Pleading Guilty and making submissions

Arriving at court

You should arrive at court at least 30 minutes early. This will give you time to go through security and find your courtroom. 

If you think you are going to be late, you should ring the court registry and let them know. If you are not at court when your name is called, the Court may decide your case without you.

Find your courtroom

You can find your courtroom on:

For information about how to find your courtroom, you should watch the video below:
LawAccess NSW - Finding your courtroom

This video is available with the audio description​.

Once you have found your courtroom, you can take a seat in the public gallery, or, if the courtroom is full, you can wait outside. There are often many cases listed on the same day and you will have to wait until your name is called. You could be at court for just a few hours or most of the day, so you should make arrangements with your work or childcare if necessary.

If you wait outside, make sure you stay close enough to the courtroom to hear the court officer call your name. If you leave, or are not there when your name is called, your case can be decided without you.

The courtroom may be closed for morning tea (usually around 11:30am) and for lunch (usually from 1:00pm to 2:00pm). You will have to leave the courtroom during these breaks. You can check with the court officer or the registry what time the courtroom will reopen.

Before entering the courtroom

Before entering the courtroom:

  • remove your hat and sunglasses from your head
  • stop eating or drinking
  • turn your mobile phone off or put it on silent.