How to Appeal a Licence Suspension – TFNSW

This article deals exclusively with TfNSW suspensions not police suspensions. If you are unsure, schedule a consultation with our solicitors to ensure you are fully informed before proceeding.

If you have received a Notice from Transport for New South Wales (TfNSW)that your driver’s licence is to be suspended, you may have a right of appeal in the Local Court.

It important to note that some, but not all, suspensions may be appealed. For example, demerit point suspensions for unrestricted licence holders are not an appealable decision, but they are for learner and provisional licence holders.

Secondly, you must file a Notice of Appeal within the required timeframe or the court will not have jurisdiction to hear your case. You can find this information on your Notice of Suspension which is 28 days from the date of the letter (not when you received it).

Filing your Appeal

After you have received your suspension Notice, you will need to file your appeal online. You can do this by visiting Appeal a Licence Decision – Service NSW. Be sure to select the appropriate decision, that is TfNSW, not police.

There is a filing fee of $93 to be paid before you receive your court date.

The application will ask you for the ‘grounds of appeal’ which will be your ‘need for a licence’ and not an explanation of the offence.

It is always advisable to speak with a lawyer before you file your appeal. They will guide you through the process, including the application stage to ensure you have the best possible chance of success.

Be sure to include your updated contact information, including your residential address and email. Your Court Attendance Notice will either be posted, or emailed to you and it is important that you receive this at the earliest opportunity.

Preparing to Appeal

It is important to note that your appeal will be heard in a busy traffic list, and you will have only minutes to persuade the court why your appeal should be upheld. Furthermore, there is no right of appeal to a higher court if your application is unsuccessful or if you are not satisfied with the outcome.

The importance of preparing a strong application is of critical importance and you must be able to support your appeal with evidence. It will not be sufficient to tell the court you need your licence for work, or to pick your children up from school.

Engaging an experienced traffic lawyer with local expertise will be hugely beneficial to your appeal and will significantly reduce your stress throughout this process.

Your lawyer will guide you in preparing material to show the court why your licence should not be suspended. This will be specific to your circumstances, and there can be no substitute for individual legal advice in this regard.

Can I still appeal if I have been suspended (and appealed) before?

Yes, provided that you have a right of appeal you may still appeal even if this is not your first suspension, or first appeal. Of course where you have a record of prior suspension/appeals the strength of your application will be challenged and it would be in your interests to engage an experienced lawyer early to prepare a strong application on your behalf.

Going to Court

Preparing for your appeal goes beyond just showing up. It is about making the best impression possible. Your demeanour, attire, and punctuality can significantly influence how you’re perceived.

Start by selecting appropriate clothing that is clean and ironed. If you are appearing in the Local Court, an outfit fit for a job interview will be perfect. A full suit and tie is overkill. Do not wear casual or overly bright clothes or accessories to court. Dark colours and conservative styles are a safe bet in court environments.

Be punctual. Arrive prior to 9:30am and be seated in court ready for your matter to be dealt with. If you have a lawyer, this will likely be shortly after 9:30am. If you do not have a lawyer, you must wait to be called on which can take several hours, or all day. It would be best to take leave from work where possible.

Before stepping into the courtroom your devices should be turned off or silenced. Even if you think they are – check again. Sunglasses and hats should be removed from your head. Put your sunglasses in your pocket – do not hang them on your shirt. Dispose of any food, coffee, energy drinks, Powerade etc. You may only bring water into the courtroom.

Be seated, quietly and wait for your lawyer to call on you. Do not remove your phone from your pocket or handbag.

Courtroom etiquette is paramount, and it is important to keep in mind that Judges and Magistrates are positioned higher in the courtroom with an exceptional view of the room.

Your body language and demeanor will not go unnoticed so be sure to maintain a composed and confident posture. Do not fold your arms or place your hands in your pocket.

When interacting with the judge or magistrate, you must be on your feet. Be polite and courteous and speak up. Again, do not fold your arms or place your hands in your pocket.

Speak properly: ‘yes, your Honour‘ not ‘yep‘.

Observing these simple tips not only demonstrates respect for the judicial process but also helps your lawyer advocate on your behalf.

Choosing the Right Lawyer

Choosing the right lawyer is arguably one of the most important decisions you will ever make, particularly where you stand to lose your licence. We believe that the solicitor-client relationship is very personal and rests on the highest degree of trust. It is not a decision to be made for convenience.

‘First on google’ or ’50 per cent cheaper’ may work out for you, but it might not and lawyers that under-charge won’t feel bad to under-deliver. That is not to say that all good lawyers are prohibitively expensive. Lawyers who over-charge are, in our opinion, just as much a red-flag as those who under-charge.

A suitably qualified and experienced defence lawyer that is well-versed in the intricacies of traffic law and procedure provides efficient and quality-driven representation based on years of refining and improving their expertise.

Key qualities to look for include:

• Experience and Specialization: Ensure your lawyer has a proven track record of success, particularly in the relevant jurisdiction and practice area.
• Local Knowledge: Familiarity with the relevant court can be hugely beneficial and for ongoing matters may save you significant expense.
• Clear Communication and Transparency: Your lawyer should listen to you, and explain complex legal matters in simple terms. They should keep you informed of the process and the likely outcome. Be wary of lawyers that over-promise to secure the retainer. It happens. Trust your intuition. If it sounds to good to be true, it probably is. Ask questions. Your lawyer works for you. Ask them, how they propose to get the result and how often they are successful.
• Dedication and Compassion: An effective lawyer remains committed to your rights while understanding the personal impact of your situation. That being said, your lawyer may be sympathetic of your situation and reinforce the inevitably of the pending outcome. Appropriately managing your expectations is not an absence of compassion, or commitment to your case.

Can I withdraw my appeal online if I change my mind?

Once your appeal has been filed, it cannot be withdrawn online. You must contact the relevant Court to withdraw your application.

If you would like to discuss your options, either before or after you have filed your appeal contact our experienced traffic lawyers today on 02 4913 5624