News · Criminal law explainer
Annulment of a Local Court decision.
People are sometimes convicted and sentenced without knowing their case was in court. A notice goes to an old address, or a matter is dealt with while the person is away, and they learn of it only when a licence is suspended or a fine arrives. An annulment can fix that. It is provided for in section 4 of the Crimes (Appeal and Review) Act 2001 (NSW). This note explains when it applies, the time limit, and how it differs from an appeal.
By Aaron Kernaghan · Published 3 September 2026
What is an annulment?
An annulment sets aside a conviction or sentence made by the Local Court and returns the matter to be dealt with again. It is the remedy where a person was not present when the decision was made, so the matter proceeded without them being heard.
It is not an appeal to a higher court. The application is made back to the Local Court itself, asking it to undo the decision so the case can start over with the person present.
When can you apply?
A defendant can apply under section 4 where the conviction or sentence was made in their absence. The court can grant the application where it is satisfied the person was not aware of the proceedings in time to attend, or was otherwise prevented from attending by accident, illness, misadventure, or another sufficient reason, and that it is in the interests of justice to annul.
The focus is on why the person was not there. A good explanation, supported by evidence, is what carries an annulment application.
The two-year time limit
An annulment application must be made within two years of the conviction or sentence. That is a longer window than the 28-day appeal period, which reflects that a person may not learn of the decision for some time.
Even within two years, it is best to act as soon as the person becomes aware of the decision. Delay after learning of it can count against the application.
What happens if it is granted?
If the annulment is granted, the conviction and sentence are set aside and the matter is listed again in the Local Court, this time with the person present and able to be heard. They can then defend the charge, or enter a plea and put their case on sentence.
If the application is refused, that is not the end of the road. A person whose annulment application is refused may still be able to appeal to the District Court against the original decision, in the circumstances the Act allows.
Annulment or appeal?
The two remedies do different jobs. An appeal to the District Court is the route where the person was present and simply disagrees with the result. An annulment is the route where the person was absent and never had their say.
Choosing the right one, and acting in time, is the first thing to get right. Where a person has just discovered a conviction they knew nothing about, advice quickly can protect both options. Our note on the Local Court mention explains how these matters are listed.
Frequently asked.
What is an annulment in the Local Court?
An order setting aside a conviction or sentence made in a person's absence, so the matter can be dealt with again with the person present. It is provided for in section 4 of the Crimes (Appeal and Review) Act 2001 (NSW).
When can I apply for an annulment?
Where the decision was made in your absence and you were not aware of the proceedings in time, or were prevented from attending by accident, illness, misadventure, or another sufficient reason, and it is in the interests of justice to annul.
How long do I have?
Two years from the conviction or sentence. That is longer than the 28-day appeal period, because a person may not learn of a decision made in their absence for some time.
What happens if the annulment is granted?
The conviction and sentence are set aside and the matter is relisted in the Local Court with the person present, so they can defend the charge or be heard on sentence.
What is the difference between an annulment and an appeal?
An annulment applies where the person was absent and never heard, and is made back to the Local Court. An appeal to the District Court applies where the person was present and disagrees with the result.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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