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Application for Re-Hearing

What is an Application for Re-hearing?

An Application for Re-hearing is an application heard before a Magistrate in Court to have the final order that has been made against you in your absence set aside. It is not a hearing of the proceeding, itself, but an application to be allowed to have the proceeding re-heard. If successful in your application, the final order is removed which allows the matter to go on and have a hearing at a later stage.

If you have found your name on a credit reference list, even though you have paid the debt in full, the only avenue you have to remove the final order from the court record, is to bring an Application for Re-hearing and convince a Magistrate that the final order should not have been made.

How to make an Application for Re-hearing.

The Re-hearing Application must be filed at the court where the original order was made

To apply for a Re-hearing you must complete a 46B application form. It is on this form that you must outline the grounds for your application. You must clearly write the case number in the top right hand corner of the form, and the form must be signed.

Don’t fill out the hearing date at the bottom of the form as court staff will do that for you when the application is issued
You should attach a copy of any pleadings that you may have in your possession in relation to this matter.(eg Complaint, Defence)

You must also complete an affidavit in support, which is where you must detail the reasons:

1. Why you did not file and serve notices of defence; or
2. Why, after giving notices of defence you did not appear at the pre-hearing conference or at the hearing.
3. Outline the full particulars of your defence. (Extra pages can be added if you need more room.)
4. The Affidavit must then be sworn before an authorised person  – see list in panel to the right.