Rehearing or reopening a criminal matter
If you have a criminal charge heard by a magistrate in your absence (i.e. ex parte —you or your representative did not appear) you may be able to apply for a rehearing.
If you are a party to a criminal charge that has been dealt with by a magistrate and you think there is an error relating to the facts of the matter you may be able to apply for a reopening.
Who can apply online
Only applicants who were party to the original proceeding heard at the Brisbane Magistrates Court can apply for a rehearing or reopening.
For hearings held in other magistrates courts, you can download and lodge an application for rehearing or reopening to the magistrates court where the original order was made.
How to apply online
Complete and submit the online application form explaining the grounds for your application for rehearing or reopening.
Apply for a rehearing or reopening
Application deadlines
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 from the date of the original court hearing or as such time as allowed upon application to the court.
What happens next
Once received, the application and court file will be considered by a magistrate. This process can take up to 2 weeks. Once the application has been determined you will be notified of the outcome by email or mail from the originating court. Depending on the outcome you may need to attend a further court hearing or mention.
If you do not receive a reply within 2 weeks of submitting your application, you can email or phone the originating court .
Contact us
Contact the Brisbane Magistrates Court or search for contact details of the originating court.