What is 'Annulment Application'?
This is a common appeal application that is made in those circumstances where a conviction or a penalty order was made in the Local Court in your absence.
If you missed your Court date due to sickness, or a mistake in the dates, and a judgement order or conviction was made against you, it is vital that you contact our office as soon as possible, in order to attempt to have that Court decision reversed in a process called an Annulment Application.
Speak to one of our Senior Criminal Lawyers at Lawyer Call today to find out the available avenues of having that order reversed or cancelled.
How long do I have to make an Annulment Application?
An Annulment Application must be made within two years of the conviction or sentence that was made when you were absent. The application must be made in writing and in the appropriate format, and lodged at the Registry of the relevant Local Court.
Will I have to go to Court after lodging the Application?
Once the application has been lodged, you will receive details regarding the time, date and Court where your application will be heard. It is strongly advised that you attend the Local Court, although annulment applications can be heard in your absence. If a stay has been granted, your sentence will not come into effect until the Annulment Application has been finalised.
What Grounds do I have to succeed with Annulment Application?
You must show the Court that either:
You were not aware of the Local Court matter, until after it was completed, and this was through honest mistake
There were circumstances that stopped you from attending Court on that date, including an accident, an illness or any other type of event
Considering the circumstances of the case, the charge and your overall character, it would unjust to uphold the sentence, and thus an annulment application will be successful.
Contact Lawyer Call for a review of your circumstances and another shot at a fair go in Court.