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Things to consider before your hearing

Going to court checklist

Before you go to court for your hearing, make sure you have not forgotten anything. Use the following list to check you have remembered everything.

  • I have thought about my case carefully and think I have a reasonable chance of success.
  • I have copies of my traffic and criminal histories.
  • I have checked my traffic and criminal histories to make sure they are correct.
  • I have made three copies of the Application for Removal of Disqualification form.
  • I have filed the Application for Removal of Disqualification form in the magistrates court.
  • I have asked for an affidavit from my probation officer and affidavits or references in support my application, as described above, if appropriate.
  • I have done something about the disqualifications imposed on me outside Queensland, if applicable.
  • I have prepared an affidavit.
  • I know the date, time and place of my hearing.

What to do at the court

  1. On the date of the hearing, dress neatly and get to court early to work out which court room you need to go to. DO NOT BE LATE.
  2. Give your name to the court clerk or police prosecutor. Tell them that you are applying for removal of a disqualification and that you are representing yourself.
  3. You should have with you the original and two copies of the affidavit, signed and witnessed by a Justice of the Peace. The original is for the court, the first copy is for the prosecutor and the second copy is yours.
  4. Before the court proceedings begin, you should give the prosecutor a copy of the affidavit.
  5. Ask the prosecutor whether your application is opposed and, if so, why.
  6. You should ask to see the prosecutor’s copy of your traffic and criminal histories to check that they are the same as the ones you have – check whether the prosecutor’s copy contains convictions that you don’t know about.
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