Going to court

Note: This webpage is intended to provide general guidance only and does not constitute legal advice. We encourage you to obtain independent advice about your legal obligations.

The following information will help you to understand what your obligations are before, during and after a court appearance. You can also find links to the legal services offered by the courts in your state. Before going to court consider seeking legal advice.

Please note that the use of the word "summons" on this page can also refer to complaint and summons, information and summons, and court attendance notices.

On this page

Preparing for court

Before you attend court, you will need to receive a copy of your case from the NHVR and determine whether you will enter a plea of guilty or not-guilty.

Receive a copy of your case

It is our legal obligation to provide you with disclosure. That means when we send you a summons, we will also send you a copy of your case information.

Request your case info (PDF, 184KB)

If you can't attend your court date

It’s important to let the courts know as soon as possible before your appointed court date if you cannot make it. You can notify the court of your absence either by phone or in writing. Be sure to include any evidence of an accident, illness or misadventure. For example, if you are unwell, provide a doctor's certificate.

If you do not attend without letting the court know in advance, the court may finalise your matter in your absence. This could result in a higher penalty than the original fine you received, additional costs or criminal charges.

Entering a plea

The summons will ask you to enter a plea. You will need to choose whether to plead guilty or not guilty.

  • Plead not guilty if you believe you did not break the law and want to challenge the evidence against you.
  • Plead guilty if you believe you did break the law but want to explain your actions and think the penalty is too harsh.

The summons will include contact details and information about how to confirm or change your plea.

Pleading not guilty

If you choose to plead not guilty to an offence, it is important to understand what this means.

Pleading not guilty means you either:

  • deny the facts that are alleged by the NHVR
  • think the evidence presented by the NHVR is insufficient to prove the case against you.

Disputing the accuracy of a detection device

During a trial, it is presumed that any detection device being used as evidence (such as a camera, lidar or radar) is accurate and functioning properly.

If you want to challenge the accuracy of a device, you will need an expert to give evidence that the device was inaccurate. We suggest seeking legal advice before disputing a detection device.

Disputing the driver of a vehicle

If you were not driving the vehicle during the offence and know who was, it is your responsibility to transfer the fine to that driver. You have 21 days after the service of a penalty to make this transfer.

Failure to transfer the fine cannot be used as a not guilty defence in court. However, you may plea guilty with an explanation and this may be considered by the magistrate.

How to plead not guilty if you do not want to attend court

Each state has their own requirements that you will need to follow. We will send you the relevant notice with your court appearance paperwork..

Pleading guilty with an explanation

If you've been fined for a traffic offence, you may agree that you committed the offence but disagree with the penalty. If this is the case, then you can choose to plead guilty but give an explanation to the court to make a case for leniency.

If you do plead guilty, the court cannot change the demerit points you receive. It can only consider the penalty. In assessing the fine, the court is not limited to the amount on the penalty notice. It may decide to give you a higher fine depending on your circumstances.

How to plead guilty with an explanation

If you wish to come to court and plead guilty with an explanation, you must follow the relevant state requirements. In most cases you can:

  • send a letter or email to the court where your matter is listed 
  • advise that you wish to plead guilty but want to appear before the court for sentencing
  • send your response within 14 days of receiving your summons in the post.

You will be advised of the court date which will be set by the court. You must attend court on that date so your matter can be finalised before a magistrate.

Attending court

The court is a formal and professional environment. Be prepared by following these guidelines:

Bring your documents – make sure to bring the summons and any documents relevant to the case, including any statements, photos, contracts, victim impact statement or any other relevant information.

Look smart – dress appropriately for court in smart, clean and respectful clothes.

When you enter the courtroom, do not:

  • eat, drink, or chew gum
  • have your mobile phone switched on
  • use electronic devices
  • wear a hat or a pair of sunglasses.

Arrive early – we recommend arriving at least 30 minutes before your court time. This allows time to go through security screening and find the court’s counter (also know the registry) to tell them you’ve arrived.

Ask for help – if you need any help or advice while attending court, visit the registry.

The registrar (the manager/administrator of the court) can help you:

  • find your way to the correct courtroom
  • help connect you with the lawyer, NHVR prosecutor or person that asked you to give evidence
  • direct you to other court or support services.

Be polite – when your matter is called, stand quietly at the bar table (the table in the middle of the courtroom) until the magistrate asks you to speak. Remember to:

  • address a judicial officer as sir, madam or your honour
  • stand whenever you are asked to speak

Be patient - you may have to wait a while for your case to be called, so be patient. It’s a good idea to bring a quiet activity to help you pass the time.

Note: Be aware that if you need to leave the building, the security screening and re-entry process may take some time. If your matter is called and you cannot be found, your case may be determined in your absence.

Applications for appeal

You should consider seeking legal advice before deciding to appeal a judicial officer’s decision.

To start the appeal process, a Notice of Appeal should be lodged with the Magistrate’s Court within 28 days of the date of the judicial officer’s decision. This can be done by yourself or your lawyer.

Legal advice and support

Consider seeking legal advice before coming to court. If you are unable to obtain your own legal representation and need support, the courts provide a range of services.

Australian Capital Territory

If you have received a Summons, this means our Prosecutions team has found that you have contravened the HVNL and you must go to court for your case to be heard.

Court support services

  • Interpreters - Help is available if English is not your first language or if you have a hearing or speech impairment. Visit the ACT Courts website for interpreters and translators. 
  • Legal aid - Free legal information, education and advice is available if you are on a low income. Visit the Legal Aid ACT website for more information. 
  • For Defendants – Explore more information and advice for attending court as a defendant. Visit the ACT Courts website for more information.

Common legal terms

  • Case Management Hearing - A hearing before a Magistrate where the parties in the court action try to reach a settlement or clarify any matters in dispute before the trial.
  • Summons - a formal document issued by a court which says someone must appear in court on the date stated in the document.
  • Ex parte decision - a decision made by the Magistrate if you did not appear in court.
  • Pleading not guilty - set down for a Case Management Hearing, Magistrate may sentence the defendant at the case management hearing or adjourn the matter to another day for sentencing or transfer the matter to the Supreme Court if necessary.
  • Hearing - this is when the prosecutors and the defence present their case to the court.

New South Wales

If you have received a Court Attendance Notice, this means our Prosecutions team has found that you have contravened the HVNL and you must go to court for your case to be heard.

Court Support Services

Common Legal Terms

  • Court Attendance Notice– all matters in the NSW Courts are commenced by way of a Court Attendance Notice also known as a CAN. The CAN tells you the time and date that you have to attend Court to answer an allegation that has been made against you. The first day the matter is at court is usually a list day where matters are mentioned.
  • Mention– a short court appearance usually on a list day, where the parties can ask for an adjournment, enter a plea of guilty or a plea of not guilty. If a plea of not guilty is entered the Court may set the matter for a defended hearing to another day. The first time a matter is before the court is usually a mention.
  • Sentence mention/hearing– following a plea of guilty the Court will consider submissions in relation to penalty and may impose a penalty. This may take place the same day as the plea of guilty is entered or the matter may be adjourned to a later date for the sentence.
  • Defended hearing– following a plea of not guilty the matter is usually adjourned to a later date for a defended hearing where the court considers all of the evidence from both parties and makes a finding as to guilt or innocence.
  • Ex Parte– if you do not attend Court, the Court may proceed to hear the matter in your absence and impose a penalty.

The website for Communities & Justice New South Wales has a legal dictionary that provides the meanings of many legal words and phrases used in the New South Wales Courts.

South Australia

If you have received an Information and Summons, this means our Prosecutions team has found that you have contravened the HVNL and you must go to court for your case to be heard.

Court support services

The Courts Administration Authority of South Australia provides a large amount of information that may be useful before attending court. Visit the South Australian Courts website for more information. 

Common legal terms

  • Pre-trial conference - A hearing before a Magistrate where the parties in the court action try to reach a settlement or clarify any matters in dispute before the trial. 
  • Trial - If the defendant has pleased no guilty, the matter will be listed as defended hearing and a date set for trial. At the trial the prosecution must prove beyond a reasonable doubt that the defendant committed the alleged offence.
  • Summary offence - A minor offence heard and decided in a Magistrates’ Court and not sent for trial before a judge and jury.
  • Minor indictable offence - A more serious offence heard and decided in the Magistrates Court unless the defendant chooses to have the charge dealt with in a superior Court (District or Supreme).
  • Information and Summons - A court form setting out the details of the alleged offence(s), and the section of the Act that creates that offence as well as advising the time and place the matter will go before the court. 
  • Ex-parte - The court may deal with a summary offence in the defendant’s absence if the summons has been served.

The South Australian Legal Services Commission Law Handbook has more information.

Tasmania

If you have received a Summons, this means our Prosecutions team has found that you have contravened the HVNL and you must go to court for your case to be heard.

Court support services

  • Interpreters - Help is available if English is not your first language or if you have a hearing or speech impairment. Visit the Magistrates Court of Tasmania website for more information. 
  • Legal help – You may be eligible for legal assistance from a community legal centre or government-funded service. Visit the Magistrates Court of Tasmania website for more information. 
  • Legal aid - Free legal information, education and advice is available if you are on a low income. Visit the Tasmanian Legal Aid website for more information.  

The Magistrate Court of Tasmania website provides a large amount of information that may be useful before attending court.

The Supreme Court of Tasmania website provides a large amount of information that may be useful before attending court.

Further information on appeals can be found on the Magistrate Court of Tasmania website.  

Common legal terms

  • Contest mention hearing - a hearing in which parties can try to reach agreement on some matters before a full criminal hearing is held.
  • Ex parte decision - a decision made by the Magistrate if you did not appear in court.
  • Summons - a formal document issued by a court which says someone must appear in court on the date stated in the document.

Victoria

If you have received a Summons, this means our Prosecutions team has found that you have contravened the HVNL and you must go to court for your case to be heard.

Court support services

  • Interpreters – Help is available if English is not your first language or if you have a hearing or speech impairment. Visit the Magistrates Court of Victoria website for interpreters and translators. 
  • Legal help – You may be eligible for legal assistance from a community legal centre or government-funded service. Visit the Magistrates' Court of Victoria website for more information. 
  • Legal aid – Free legal information, education and advice is available if you are on a low income. Visit the Victorian Legal Aid website for more information. 

The Magistrates’ Court of Victoria website provides a large amount of information that may be useful before attending court.

Common legal terms

There are different types of hearings in the summary stream of the Magistrates’ Court.

  • Mention hearing - this is the first hearing for criminal matters.
  • Contest mention - if pleading not guilty, your matter will be adjourned to a contest mention.
  • Contest hearing - this is when the prosecutors and the defence present their case to the court.
  • Ex-parte hearing - if you do not attend court, this is when the matter may be heard in your absence.

Understand more about these common legal terms by visiting the Magistrates' Court of Victoria website. 

The Magistrates’ Court of Victoria website provides a glossary of common legal terms.