How to apply to have an ex parte court decision set aside

An ‘ex parte’ conviction, order or sentence is one the Magistrate has imposed on you if you did not appear in court, perhaps because you:

  • did not receive notice of the court date when the conviction occurred
  • did receive notice in enough time to appear on the court date
  • you received notice of the court date, but did not appear for some good reason.

You can apply to have this decision re-heard or set aside.

What you must do

If you wish to have this set aside, you must:

  • apply using our Application form (DOCX, 27.3 KB). You must file this at the Court registry before you serve a copy to the other party involved in your case
  • submit a supporting affidavit or provide oral evidence
  • provide proof that the notice of your application has been served to the other party involved in your case.

What the court will do

The  Court can set aside the ex parte decision, without you or the other party attending court, if the consent of both parties is provided on the Application form. You’ll be advised in writing of this outcome.

The Court may also:

  • make an order that you pay the costs of the other party or
  • proceed to hear and determine the original complaint or application or
  • direct that the complaint or application be heard and determined at a later date (with all parties being notified of this).