In New South Wales, if you’ve been convicted or sentenced in your absence, you may be able to apply to have that decision annulled. This process is governed by Section 4 of the Crimes (Appeal and Review) Act 2001.

What Is an Annulment?

An annulment means that the Local Court annuls a conviction or sentence because the defendant was not present when the original decision was made and the matter is then reheard.

Who Can Apply?

You may apply for an annulment if:

• You were not aware of the court proceedings.
• You were prevented from attending due to illness, accident, or other exceptional circumstances;
• It is in the interests of justice for the decision to be set aside.

Applications are most commonly made by people who:

• Never received a Court Attendance Notice (CAN);
• Were seriously ill or injured at the time of the hearing;
• Faced an emergency or unforeseen event.

Time Limits

• You must submit the application within 2 years of the date of conviction or sentencing.

Where and How to Apply

Applications must be made to the same Local Court that issued the original decision, but you can lodge the form at any Local Court registry in NSW.

Steps to Apply:

• Get the Form: Obtain a Section 4 Annulment Application form.
• Complete the Form: Fill out all sections clearly and include details of why you were absent.
• File the Application: Submit the form to the Local Court registry.
• Pay the Filing Fee: Fee waivers may be available for those with financial hardship.

What Happens at the Hearing?

Once your application is filed, the court will schedule a hearing date. You’ll need to:

• Explain why you didn’t attend the original court hearing.
• Provide evidence, such as a medical certificate, if relevant.
• Convince the magistrate that the annulment is justified.

If the Annulment Is Granted

• The original conviction or sentence is annulled.
• The matter will be reheard in court, and you will be allowed to:
  • Enter a plea (guilty or not guilty);
  • Present your case and any evidence.
  • Have legal representation.

If the Application Is Refused

• The original court decision remains in effect.
• You must comply with any penalties or orders.
• However, you have the right to appeal the refusal to the District Court within 28 days.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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