On this page: This page outlines what you can expect if you are asking for a rehearing.

Asking for a Rehearing

If a judicial officer determines a matter in your absence, an application to have the order set aside and reheard can be made. An application is made in person by you or your lawyer.

At the time of lodgement, the Magistrates’ Court will notify you or your lawyer of the application hearing date and location. Two copies of the application will be provided; one must be served on the informant within seven days and the other copy is for your records.

Your copy contains an affidavit of service which must be witnessed and sworn or affirmed in the presence of an authorised person.

Your lawyer may assist you with this process

At the hearing, the judicial officer will consider the application and decide whether to remove an order. If the application is successful, the original order will be set aside.

However, this is not the end of the matter, and a new court date will be set to rehear the matter from the start. A plea of guilty or not guilty may need to be entered. See the pleading guilty or not guilty page for more information.

Source: MCV 2021