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Apply for a review of a local court decision

Information about how to apply for a review of a decision by a Local Court Registrar.

How to apply

You need to complete:

  • Form 20 – Notice of Motion
  • Form 40 – Affidavit.

You can do this:

  • online, via the NSW Online Registry, or
  • in writing.

You can get a copy of this form from:

You can file your completed form at the registry:

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

Check the Uniform Civil Procedure Rules 2005 before using a generative artificial intelligence (AI) program such as ChatGPT to prepare documents for the Local, District or Supreme Court of NSW. These Rules permit AI use in some documents, such as submissions or reports, but you must include a statement that all citations, legal authorities and case law referred to exist and are accurate and relevant to the proceedings. The District Court and the Supreme Court also have Practice Notes which permit AI use for some types of documents, such as chronologies and indexes.

Under the Rules, you must not use AI in your affidavit or witness statement, and these documents must include a statement that AI was not used to generate the content. You must not put any confidential information about your matter into an AI program.  If you are unsure or feel the Court should let you use AI due to exceptional circumstances, get legal advice.

You must do this within 28 days of the date of the direction, order or action of the Registrar. 

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 fee postponed, waived or remitted.

Serving your documents

You must serve a sealed copy of your Notice of Motion and Affidavit on the other party. You can do this by:

  • giving your documents to the other party in person, or
  • leaving your documents in the presence of the other party, or
  • arranging for the sheriff at the Court to serve your documents, or
  • arranging for a private process server to serve your documents.

The hearing

At the hearing, the Court will first consider whether review the order or direction of the Registrar or dismiss the application.

If the Court decides to hear your application, you need to show the Court why it is in the interests of justice to vary or discharge the order or direction.

You don’t have to show that the Registrar made an error when they made the order or direction. 

Interpreter

If you need an interpreter at the review, you need to arrange this yourself.

Multicultural NSW provides interpreting and translation services for a fee. If you receive a pension or Centrelink benefit, or have a low income, you may be eligible to have the fee waived. For more information, see Language Services on the Multicultural NSW website.

If your review is successful, the cost of the interpreter may be included in the costs that the other party pays to you. 

The decision

After hearing the review, the Court may:

  • confirm, vary or discharge the order or direction, or
  • take such other action as it thinks fit.

Costs

If your review is unsuccessful, you may be ordered to pay some of the other party’s legal costs.

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