COVID-19: New Local Court Arrangements

Carla Velasquez • March 16, 2020

NSW Local Courts are asking people to stay away

The Chief Magistrate issued a memorandum to the users of the Local Court of NSW that special arrangements and rules will be in place from 16th March 2020. If you have to go to court in the next few months what does this mean for you? 

If you have a new matter and are legally represented: 
  • You can ask your lawyer to email the court for you. This is only where you are not listed for sentence or hearing. If your lawyer contacts the court then your appearance will be deemed to be a physical appearance. 
If its the first appearance at court and you are not legally represented: 
  • You can email the court and request an adjournment to a different (future date) as long as you include the reasons why you need that adjournment. 
If you are not legally represented and you want to enter a plea of guilty:
  • You can email the court and notify them that way. You will only be required to attend for your sentence if the presiding magistrate considers that your offence is so serious that your attendance is absolutely necessary. If this is the case the court will adjourn your matter and tell you in writing when the new date is. 
  • If you are writing to the court you will need to make sure that you include your email address, your residential address and your mobile number so that the court can write back to you or send you an SMS.
If you want to plead not guilty: 
  • You can write to the court or get your lawyer to write to the court. The court will then make orders for service of the brief if it is required and advise you or your lawyer via electronic means. 
If you already have a brief and you want to maintain your plea of not-guilty: 
  • Then you must advise the court together with a list of dates on which you will be available for the matter to be heard. The court will then inform you of the hearing date. 
If the court hears nothing from your your lawyer:
  • In circumstances where there is no appearance by yourself of a lawyer and there is no communication received, the court will adjourn the proceedings until a date in June 2020.
If you're a person in need of protection in a domestic violence matter: 
  • You will not be required to attend court if the police have brought the application for a Domestic Violence Order unless the matter is listed for final hearing. 
Future arrangements: 
  • The court has set aside October 2020 to catch up on backlogs. The court will not be listing any defended hearings during October 2020. 
State Debt Recovery Office: 
  • The State Debt Recovery Office has agreed not to list any traffic matters in the Local Court during the period of 1 July 2020 - 1 October 2020.