Apply for a rehearing or reopening

You can use this form to apply for a:

• rehearing where your matter was determined in your absence
• reopening if you are disputing an error in fact or law.

You can only apply online if you are a party to the original proceeding heard at the Brisbane Magistrates Court.

To complete this form you will need:

• date and details of the charge(s)
• date of the conviction
• grounds for your application.

A rehearing application must be made within 2 months from the date of the original court hearing.

A reopening application must be made within 28 days of the original court hearing, or at such time as allowed upon application to the court.

1. Can I apply?

   1. Are you a party to the original proceeding? *

      • Yes
      • No

   2. You need to be a party to the original proceeding

      Only applicants who were party to the original proceeding heard at the Brisbane Magistrates Court can apply for a rehearing or reopening.

   3. Was the original application heard in Brisbane? *

      • Yes
      • No

   4. Contact the court where your original application was heard

      Only matters heard at Brisbane Magistrates Court can be lodged online. For proceedings held at other courts, you can download Application for Reopening or Rehearing (PDF, 72KB) and lodge the form at the originating magistrates court.

   5. Are you applying for a rehearing or reopening? *

      • Rehearing
      • Reopening
   6. Was your matter heard ex-parte? * Ex-parte means you did not appear in court (or your representative did not appear in court on your behalf).

      • Yes
      • No

   7. You are not eligible

      Your original proceeding must have been heard ex-parte to apply for a rehearing. You may still be eligible to apply for a reopening.

   8. Has it been more than 2 months since the original hearing? *

      • Yes
      • No

   9. You are not eligible

      A rehearing application must be made within 2 months of the original hearing.

   10. Has it been more than 28 days since the original proceeding? *

       • Yes
       • No
   11. Are you applying for extended time to apply? *

       • Yes
       • No

   12. You are not eligible

       A reopening application must be made within 28 days of the original hearing, or at such time as allowed upon application to the Court.

2. Application details

   1. What is name of the first party? * Example: QLD Police v Mr Sample Citizen
   2. What is the name of the second party? * Example: QLD Police v Mr Sample Citizen
   3. What is the court order number(s) / file number(s)?
   4. What are the details of the charge? *
   5. What was the date of the charge? Example: 12/07/2017
   6. What was the date of the conviction? * Example: 12/07/2017
   7. What is the reason for your request? *
   8. Did you have your driver licence disqualified as a result of this sentence? *

      • Yes
      • No
3. Applicant details

   1. Are you applying as an individual or organisation? *

      • Individual
      • Organisation
   2. Name

      1. Given name *
      2. Family name *
   3. What is name of the organisation? *
   4. Address

      1. Address line 1 *
      2. Address line 2
      3. 1. Town, city or suburb *
         2. State *
         3. Postcode *
   5. Phone * Home, mobile or work number
   6. Email * Example: jane.smart@example.com
   7. What is your relationship to the matter? * Example: defendant, solicitor, company director, prosecutor.
4. Acknowledgement

   1. Acknowledgement

      * I hereby make an application for rehearing/reopening of the stated matter pursuant to section 142(6)/142A(12)/147A of the Justices Act 1886.