Apply to go to court for a fine
Learn how to dispute a fine in court in NSW, the process, eligibility and potential outcomes.
Some online services will be unavailable on Sunday morning.
Get free help before going to court
- If English is not your first language call 131 450 and ask for LawAccess NSW for the court process to be explained in your language.
- Contact LawAccess NSW, a free information service run by Legal Aid NSW, by phone on 1300 888 529, start a live chat on the Legal Aid website or visit their guided pathways tool Guided Pathways tool.
- Aboriginal and Torres Strait Islander people can get free advice about fines from the Aboriginal Legal Services (NSW/ACT) by calling 1800 765 767 (option 3).
- First Nations Peoples can back on track with debt by calling our First Nations Support team on 1800 002 345.
Deciding to dispute your fine in court
It is an important decision to dispute your fine in court. Once your court election is accepted, you cannot change your mind.
You can apply to dispute your fine in court through Revenue NSW. The matter will be determined by a magistrate in the NSW Local Court.
Types of fines you can apply online for court election:
- Speeding
- Seat belt
Types of fines you can apply via phone for court election:
- Failure to vote
- Failure to attend jury duty
If you are unsure, submit a request to have your fine reviewed before electing to go to court.
Important things to consider before going to court:
Going to court can be a long and costly process.
The court plays no role in demerit points.
For some traffic offences, you could get a criminal conviction.
The court may issue you a fine at a higher amount.
You may have to pay court costs. These costs are set by legislation and not the court.
You may also have to pay a victim support levy which is also set by legislation.
For some traffic offences, you may face a licence disqualification.
Nominate the person responsible
If someone else was responsible for the offence, you can nominate the person responsible and have the fine transferred to them.
Request a review before applying to go to court
- You can request a review of your fine if there were special circumstances that led to the offence being committed.
- We recommend requesting a review to see if leniency will be applied, before applying to go to court.
- You can request a review of many different types of fines such as failure to vote, failure to appear for jury duty and many more.
Applying to go to court to dispute your fine
Once you decide to dispute your fine in court, you need to apply to Revenue NSW.
Apply to go to court
How we assess your application
This process may take up to six weeks. Your fine will be placed on hold while your application is being assessed.
If your application is refused
You will be advised of your options in writing.
If your application is approved
Once we process your successful application, we will:
- refund any fine amount already paid and/or reverse any demerit points applied to your driver licence
- set a court date and send you a Court Attendance Notice (CAN). Once you've received your Court Attendance Notice (CAN), it's too late to withdraw from attending court.
The court process
Once your application to go to court is approved, the following steps will take place:
We will send you a Court Attendance Notice (CAN)
The CAN tells you the place, time and date of the mention which will be at the court closest to where the offence was committed.
If this is not convenient, you can apply to the court listed on your notice to have the venue changed to another location, prior to the mention date.
You can contact the court by email or phone or visit the Local Court NSW website for the list of locations. There is no guarantee the court will grant your request.
You'll need to enter a plea either in person or in writing
You will be asked to plead guilty or not guilty. You can either do this in person on the day of your mention or by sending a Written Notice of Pleading document to the court before your mention. A Written Notice of Pleading is only required if you are not attending court in person. A copy of this document will be attached to your CAN.
If you’re not sure what to do, we suggest you contact LawAccess NSW. There are free and confidential legal and financial services available to help you.
If you plead guilty
If you choose to plead guilty, your case will usually be held on the same day. You will have the opportunity to explain what happened and give the court any additional information you want them to consider.
If you plead not guilty
If you choose to plead not guilty, you will be given a hearing date.
- You'll need to present your case at the hearing.
You can pay for a lawyer to represent you in court, or you can represent yourself
- The authority that issued your fine will present their case too and may call on witnesses and produce other evidence.
- You’ll need to bring your legal representative (if you have one) and your witnesses or sworn statements from witnesses on the day of the hearing.
Local Court NSW has more information about the process to go to court for a penalty notice
The court will make a decision
The court will decide your case in one of three ways:
| Decision | Meaning |
|---|---|
| Guilty | If the court finds you guilty, you will have to pay a penalty set by the court. You will also have to pay your court costs and you may have to pay the prosecutor’s court costs. Any applicable demerit points will be applied. If you have any questions relating to demerit points or your driving record contact Transport for NSW. |
| Guilty, no conviction recorded | The court may find you guilty but will not make you pay a penalty. You will have to pay court costs and may also have to pay the prosecutors’ professional costs. The offence will appear on your driving record but demerit points won’t be applied. |
| Not guilty | You will not have to pay a fine, court costs and no demerit points will be applied. |
Other ways to apply
You can download and complete a form for an individual (PDF 574.62KB) or organisation (PDF 628.6KB) or put a request in writing and send it to:
Revenue NSW
PO Box 786
Strawberry Hills NSW 2012
If you make a request in writing, you must include your full name, date of birth, fine reference number, your residential address and any hindrance documents if required.
Common questions about fines
If you've had your driver licence suspended by NSW Police or receive a letter from Transport for NSW saying you have lost your licence due to excess demerit points, you may be eligible to appeal the suspension directly with the Local Court or to apply for a good behaviour period for your licence.
This is not the same as having your fine heard in court.
If you choose to pay your fine over electing to go to court, there are many financial options available to help you. Visit the difficulty paying your fine page for more options.
If your fine has been issued by a NSW Court, you cannot request a review with Revenue NSW. For your review options, contact the court where the fine was issued.
If the fine was issued to a company and you want to dispute the fine in court, you need to apply to Revenue NSW.
Contact Revenue NSW about your fine
Got a question or need help?
Call Revenue NSW Monday to Friday between 7am to 7pm.
Fines
- Call 1300 138 118 if you have a fine that is not yet overdue and you would like to set up a payment plan.
- Call +61 2 7808 6940 if you are overseas and have an enquiry about your fine.
Overdue fines
- Call 1300 655 805 if you have an existing overdue fine and you would like to discuss payment options.
- Call +61 2 7808 6941 if you are overseas and have an enquiry about your overdue fine.
Enquiry
Submit an online fines enquiry
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