What to do if I am accused of a crime?

If you are accused of a crime, it is important to stay calm and protect your legal rights from the outset. Do not speak to police or anyone else about the allegation, and do not make any statements or admissions, as anything you say may be used against you. You have the right to remain silent and should exercise that right until you have received legal advice. Contact an experienced lawyer as soon as possible, follow their advice carefully, and keep any documents or information that may be relevant to your case, as getting early legal guidance can significantly affect the outcome.

Should I plead guilty or not guilty?

Whether you should plead guilty or not guilty depends on the specific circumstances of your case and should only be decided after obtaining legal advice. You should not enter a plea until you have fully understood the charges, the evidence against you, and your available legal options. An experienced lawyer can review the facts of your case, advise you on the strength of the prosecution's evidence, explain the potential consequences of each plea, and help you make an informed decision that is in your best interests.

Is it possible to avoid a conviction for a first offence?

Yes, in some cases it may be possible to avoid a conviction for a first offence, depending on the nature of the charge, the circumstances of the offence, and your personal background. Courts may consider alternatives such as a dismissal, conditional release order, or other non-conviction outcomes, particularly where the offence is less serious and you have no prior criminal history. An experienced lawyer can assess your situation, present your case effectively to the court, and advise you on the best strategy to maximise your chances of avoiding a conviction.

Do you offer free consultation for criminal law matters?

Yes — we offer a free initial consultation for criminal law matters so you can discuss your situation, understand your options, and get clear legal guidance before deciding how to proceed, with no obligation to retain us.

Do you offer fixed fees?

Yes — we offer fixed-fee options for many criminal law services so you can have clarity and confidence about your legal costs upfront, avoiding unexpected fees and making it easier to budget for your defence.

How do I get a divorce?

In Australia, you can apply for a divorce once you have been separated from your spouse for at least 12 months and there is no reasonable likelihood of reconciliation. Divorce applications are made through the Federal Circuit and Family Court of Australia and can be filed jointly or by one party alone. You do not need to prove fault, but you must satisfy the court that proper arrangements have been made for any children under 18. While you can apply on your own, obtaining legal advice can help ensure the process is completed correctly and that your rights regarding property, finances, and parenting matters are properly protected.

How does family law court divide marital assets?

The family law court divides marital assets using a structured process rather than an automatic 50/50 split. The court first identifies and values all assets and liabilities of both parties, including property, superannuation, savings, and debts. It then considers each party's financial and non-financial contributions, such as income, caregiving, and homemaking roles, as well as future needs including age, health, earning capacity, and care of children. Finally, the court assesses whether the proposed division is just and equitable in all the circumstances.

How does the family law court make decision about the custody of children?

When making decisions about the custody of children, the family law court's primary consideration is the best interests of the child. The court assesses factors such as the child's safety, their relationship with each parent, each parent's ability to provide for the child's physical, emotional, and developmental needs, and the benefit of the child having a meaningful relationship with both parents where it is safe to do so. The court may also consider the child's views, depending on their age and maturity, as well as any history of family violence or neglect, before making parenting orders that best support the child's wellbeing.

Home > Annulment Application – What to do if you fail to appear in court and the court determines your case

Annulment Application NSW:
What to Do If You Missed Court

What Is an Annulment Application NSW?

If you fail to attend court, the Local Court may decide your case in your absence. Depending on the offence, the court can record a conviction, impose a fine, disqualify your driver’s licence or make other orders without you being present. This commonly applies to criminal and traffic offences, including certain drink driving and drug driving matters.

If the court finalises your matter because you did not attend, you may still have legal options. In many cases, you can lodge an Annulment Application under section 4 of the Crimes (Appeal and Review) Act 2001 (NSW). Many people also refer to this as a Section 4 Application.

If the court grants your Annulment Application, it will set aside the conviction, licence disqualification and any fines or penalties imposed in your absence. The court will then restore your matter to the stage it had reached before your missed court date.

You will have another opportunity to attend court, seek legal advice and decide whether to plead guilty or not guilty. Your case will then continue through the court process from the beginning.

Who Can Apply for an Annulment?

You may be eligible to lodge an Annulment Application if the Local Court determined your matter while you were absent. This often happens because a person did not receive the Court Attendance Notice, misunderstood the court date or could not attend for another valid reason.

However, not every application succeeds. The court will consider your circumstances, the reason you failed to appear and whether granting the application is in the interests of justice.

What Happens After an Annulment Application Is Granted?

If the court grants your application, it will cancel the orders made in your absence. This means your conviction, licence disqualification or financial penalties will no longer apply.

The court will list your matter again, allowing you to participate in the proceedings. At that stage, you may choose to plead guilty or not guilty, depending on your circumstances and the legal advice you receive.

Why Legal Advice Is Important

Although you can lodge an Annulment Application yourself, obtaining legal advice can significantly improve your chances of success. A lawyer can explain your options, prepare supporting material and present your case clearly before the court.

Legal representation also helps ensure your application addresses the issues the magistrate will consider. As a result, your matter can proceed more efficiently and with the strongest possible argument.

How KRAYEM & CO Lawyers Can Help

KRAYEM & CO Lawyers regularly assist clients with Annulment Applications throughout New South Wales. Our experienced criminal and traffic lawyers can assess your eligibility, prepare your application and represent you in court.

If you missed a court appearance and the Local Court determined your matter in your absence, contact KRAYEM & CO Lawyers as soon as possible. We can explain your legal options and help you take the appropriate steps to protect your rights.

FAQ

How to make a successful annulment application?

The Local Court will only grant an annulment application to reverse your conviction and/or sentence for a criminal or traffic offence if it is satisfied that:

You were not aware of the court date until after the sentence or conviction was imposed by the court in your absence; or
You failed to attend court on the day you were sentenced or convicted due to an accident, illness, misadventure or other compelling reason; or
It would be in the interest of justice, in the circumstances of your case.

You will be required to give evidence to the Magistrate of the Local Court outlining any one of the above grounds of your annulment application.

The best way to give this evidence is by tendering an executed affidavit(s) to the Magistrate outlining the details of either one of the above 3 grounds for the application.

An affidavit is sworn evidence typed into a document similar to a letter outlining your main points.

By using an affidavit, generally you then won’t be required to give your evidence in the witness box in court, and your annulment application can then be dealt with quickly and efficiently.

Procedure for making an annulment application?

An annulment application can only be made after you are either convicted or sentenced in the local court. You can make the annulment application by attending the same local court registry from where you were convicted or sentenced. The registry will ask you to complete a formal annulment application form.

After an annulment application is made at the local court registry, the local court registrar will then notify all relevant parties with the court date, time and location for the annulment application to be heard in court.

On the annulment application court date, the Local Court Magistrate will consider your application.

If you fail in your annulment application, the sentence will ‘stay’, and you will be required to comply with any conditions of it (if any were imposed). However, you may have an avenue to appeal the sentence or conviction (or both) in the District Court.

If the Magistrate grants your annulment application:

The conviction and/or sentence will be reversed.
If you were disqualified from driving, you will no longer be disqualified.
If you received a criminal conviction, you will no longer have that conviction.
If you incurred demerit points, you will no longer have that.
If you were fined, your fine will no longer remain and any amount paid will be refunded.

On a successful annulment application:

In the case of an annulment application regarding your sentence only, you will have an opportunity to prepare and properly present your case for a sentence again. This can result in a better outcome.
In the case of an annulment application regarding your conviction only, you will have an opportunity to start over again by having the option of pleading guilty or not guilty to the charge(s).

It is common practice to prepare relevant documents such as affidavits to outline any compelling reasons why you failed to appear in court, causing the conviction or sentence being imposed in your absence.

An affidavit is considered sworn evidence. This makes it a strong piece of evidence which the Magistrate can admit as evidence to consider in your application without the need for you to necessarily give your evidence in the witness box.

It is important to ensure that all relevant points are outlined in the affidavit, and for the affidavit to be properly executed before handing it up to the Magistrate as evidence.

What are the time limits for making an annulment application?

You have within 2-years from the date of your sentence or conviction to make an annulment application.

To lodge this application, you may attend the local court registry where the conviction or sentence took place.

What happens to the existing sentence after the annulment application is made but before it is determined in court?

Under section 7 Crimes (Appeal and Review) Act 2001 (NSW), the local court can ‘stay the execution’ of the sentence concerned as it thinks fit. This means, that if the execution of the sentence is stayed, the sentence is frozen and will have no effect until the annulment application is finalised.

If you were convicted in your absence resulting in the disqualification of your driver licence which later becomes annulled by the court upon a successful annulment application, the effect of the annulment will be prospective, not retrospective. What does this mean?

This means, that the licence disqualification that was imposed in your absence by the court, even if without your knowledge, will have legal effect during and up to the time the Local Court grants your annulment application.