Apply to go to court for a fee

You can download and complete the application form (PDF 114.93KB) and email it to statedebt@revenue.nsw.gov.au 

Should you need assistance completing your application, please call us on 1300 655 805 - Monday to Friday between 7am and 7 pm.

If your fee has not already been reviewed, a review will be completed before we assess your application to go to court.

If the outcome of the review is that the fee is still payable, we will assess your application to go to court.

If your application is declined 

You will have to pay the fee if your application was declined because: 

• the fee has already been heard in court, or
• a late application was submitted and:
  • debt recovery action had already commenced, or 
  • you were not able to prove you were not aware of, or could not act on, the debt recovery order.

If your application is accepted 

We will lodge a Statement of Claim in the Local Court under section 6.3(a) Uniform Civil Procedures Rules. 

You will be served with the Statement of Claim by the court. 

You may respond to the Statement of Claim in several ways including: 

• asking for more information
• agreeing to pay the claim 
• applying for a payment plan, or 
• filing a defence. 

Legal Aid has more information about the Local Court process. 

If you want to dispute your fee in court 

You must file a dispute, as a defence, within 28 days of receiving the Statement of Claim. Otherwise a judgement can be made against you. 

Once you file your defence, the court will send you a notice of listing with the date and time for your first court appearance known as a pre-trial review. 

If the case does not settle during the pre-trial review, the matter will be listed for hearing on another date where you can present your case. 

If you’re not sure what to do, you should seek legal advice. 

Stopping the court process 

If you have filed a defence but no longer want to proceed to a hearing, you will need to file a notice of motion directly with the court. You need to file the notice: 

• at least 21 days prior to the trial date, or 
• within 21 days of the trial date if unforeseen circumstances arise (for example if you become ill). 

You will need to attend the court on the trial date to present your reasons for disputing the debt. 

At the hearing, a magistrate or an assessor will consider the evidence and submissions before making their decision. The court may order that:

• You pay the debt in part or in full. In this case, the court may also decide that you must pay our legal costs. See below for further information about legal costs.
• You do not have to pay the debt. In this case, the court may also decide that we must pay your legal costs.
• Each party must pay their own legal costs.

Legal Aid has more information on the pre-trial review, hearing, and decision of the court. 
 

Legal costs will include issue, service and notice of motion fees, professional costs plus other expenses which may be more than $1,000.

The legal costs are in addition to the overdue fee already owed. You can refer to the Statement of Claim you receive for details of the total amount we are claiming. 

Professional costs are determined under the Legal Professional Uniform Law Application Regulations 2015 – Schedule 1 (Costs). Information about Local Court fees is also available.