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How to apply to a District or Supreme Court

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 the sample form).

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 need to change depending on the court you are applying to.

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 remove your licence disqualification. Check with the court to find out the current filing fee. If you are experiencing financial hardship, you can ask the court to waive the filing fee. For more information, see the Queensland Courts website under “Representing yourself in court” or 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 samples) 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 get a copy from the court registry. The affidavit is filed on the actual application date.

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 call 1800 287 274) for a copy of the court transcript.

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

Last updated 21 April 2021

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