Appeals and annulments

If you don’t go to court and your application for an Apprehended Violence Order (AVO) is dismissed, you can apply to have the decision annulled (cancelled) within two years of the date that the order was made.

You can’t apply for an annulment if you were in court when your application was dismissed.

If you can’t apply for an annulment, or your Annulment Application is dismissed, you may be able to appeal within 28 days.

Before applying for an annulment, you should get legal advice about:

• whether you have a strong case
• the risk of costs
• how to write and present your application.

You need a copy of the Local Court form:

• Application Notice to the Local Court – General

You can get a copy from:

• your nearest Local Court
• the Forms page on the Local Court website.

In your application, you must:

• explain why you didn’t go to court
• annex any documents or evidence that support your explanation, for example, doctors certificates, international airfare tickets, hospital records etc. 

Once you have completed your form you must file it at any Local Court and pay the filing fee.

Once the court has processed your application, you will get a date to go to court. This may be on the same day or on another day.

You can file an annulment application at any NSW local court, but your matter will be dealt with at the same court where your Apprehended Violence Order (AVO) application was dismissed.

The registrar of the local court will notify the defendant of your application. You don’t need to serve the defendant with a copy of your application for annulment. 

When you go to court, you will need to explain:

• why you were not at court when the Apprehended Violence Order (AVO) was made
• why you want the AVO annulled.

The defendant may oppose your application. 

The court must annul the decisions to dismiss your Apprehended Violence Order (AVO) application if in your circumstances there is just cause for doing so.  

If the AVO is annulled the court will re-hear the application for an AVO, either immediately or at a later date. 

You must be ready to respond to the application for an AVO straight after the court grants you an annulment.  

If the court decides to re-hear the application for an AVO on another day, it will notify the police or the defendant of this date. 

If you are unhappy with the decision of the Local Court, you may be able to appeal to the District Court within 28 days.

If you are the applicant, you may be able to appeal if:

• your application for an AVO is dismissed
• a costs order is made against you
• the Court dismisses your Annulment Application
• the AVO is varied or revoked
• the Court dismissed an application to vary or revoke the AVO.

If you are the protected person, and you are over 16 years of age, you may be able to appeal if:

• the AVO is varied or revoked
• the Court dismissed an application to vary or revoke the AVO.

A protected person under the age of 16 years can’t appeal a decision of the court.

If a Final Apprehended Violence Order (AVO) is made, the defendant may appeal to the District Court within 28 days.

If the defendant appeals the AVO, they can apply to the Court for an order to stay (stop) the operation of the AVO until the appeal is heard. The Court will only make a stay order if it will not affect the safety of the protected person or any other person.

You will be notified if the defendant appeals.

Before you appeal, you should get legal advice.

You will need to complete a Notice of Appeal to the District Court form and pay the fee. 

You can get a copy of this form from:

• your nearest Local Court
• the Forms page on the Local Court of NSW website.

In your form, you must state the general grounds (the reason) for your appeal.

Once you have completed your form you must file it at a Local Court registry and pay the filing fee.

You can file your completed form at any Local Court in NSW:

• in person
• by post
• by fax
• by email.

If you file your form by post, fax or email, it won’t be processed until you have paid the filing fee.

If you are experiencing financial hardship, you may be able to apply to have your filing fee postponed, waived or remitted.

For more information, see Fees on the Local Court of NSW website.

Once the registry has processed your form, it will notify you when your appeal will be heard. The registry will also notify the other parties of your appeal.

You will need to seek leave (permission) of the District Court to appeal more than 28 days after, and within three months of, the Local Court’s decision.

How to apply

You need to complete an Application for Leave to Appeal.

You can get a copy of this form from:

• your nearest Local Court
• the Forms page on the Local Court of NSW website.

In your form, you must explain why you didn’t file an appeal within 28 days.

You must file this form at the same time you file your Notice of Appeal to the District Court.

The Court’s decision

After hearing your application, the Court may:

• dismiss your application, or
• grant you leave to appeal.

The Court will grant you leave to appeal if it is in the interests of justice to do so.

Costs

If the Court dismisses your Application for Leave to Appeal, it can make a costs order against you. This means you may have to pay the legal costs of the other party.

Normally, your appeal will be a re-hearing of the evidence that was given at the first hearing. The Court will decide your case based on the transcripts from the first hearing and any submissions made by yourself and the other party.

In limited circumstances, the Court can let new evidence be admitted but only where it is in the interests of justice to do so.

You and the other party are entitled to one free copy of the transcript of evidence relevant to the appeal and, if fresh evidence is given, one free copy of the transcript of the fresh evidence.

To get a copy of the transcript from the Local Court hearing, you can:

• apply through the Online Registry website, or
• complete a Transcript Order Form.

For more information, see Transcripts on the Local Court of NSW website.

Legal representation

You don’t need to have legal representation at your appeal. You can represent yourself. If you want to have legal representation, you will need to arrange for a private lawyer to represent you.

If you appeal the Local Court’s dismissal of your Annulment Application, the District Court may:

• grant your application and send your case back to the original court to be re-heard, or
• dismiss your application.

If you appeal any other decision, the Court may:

• make an AVO
• dismiss your appeal
• vary the AVO.

A court may make a costs order against you if your appeal is dismissed.