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Applying to a District or Supreme Court

How do I apply to the court to get my licence back?

If the disqualification you want to remove was made by a district or Supreme Court judge, you must take the following steps:

Step 1. File an originating application

You must file an Originating Application (Uniform Civil Procedure Rules Form 5) in the district or Supreme Court registry (see sample forms).

Check your records to see which court disqualified your licence and file the form in the court that disqualified your licence.

You can download an originating application from the Queensland Courts website www.courts.qld.gov.au. The form is identical whether you are applying in the district or Supreme Court except for the heading, which you will change depending on the court to which you are applying.

Step 2. Pay the filing fee at the relevant court

You will need to pay a filing fee to the district or Supreme Court when you apply to get your licence back. Check with the court to find out the current filing fee. If you are experiencing financial hardship, you may want to ask the court to waive the filing fee. You will find the necessary information on the Queensland Courts website under “Representing yourself in court”. Alternatively, ask at the court registry.

Step 3. File a supporting affidavit

You must then file a supporting affidavit with the court. This should include the same type of information as is in the sample magistrates court affidavit (see sample forms) but your affidavit needs to follow the appropriate district or Supreme Court heading and format. The affidavit needs to be in the format of a form 46 of the Uniform Civil Procedure Rules forms on the Queensland Courts website. You can download the affidavit from the Queensland Courts website or obtain a copy from the court registry. The affidavit is filed on the actual date of the application.

You need to attach a copy of the sentencing remarks made by the judge when he/she imposed the disqualification/s you are applying to have removed. You need to apply to Auscript (www.auscript.com or phone 1800 287 274) for a copy of the court transcript.

The application is not heard in court, but by the judge in their chambers. 

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