Has your licence been disqualified for more than two years? (PDF ...

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Sample 4 – Originating ApplicationREGISTRY: BrisbaneNUMBER:Applicant:Respondent:Joe Thomas BloggsANDDirector of Public ProsecutionsORIGINATING APPLICATIONTo the respondent:TAKE NOTICE that the applicant is applying to the Court for the following orders:23 That the Order made by this Honourable Court on 16 October 2008 absolutelydisqualifying the Applicant’s motor vehicle driver licence be removed pursuant tos131(2C) of the Transport Operations (Road Management) Act 1995.24 That this Honourable Court make such other orders as it deems meet.This application will be heard by JudgeBrisbane onat 9:30 am.at the District Court atFiled in the Brisbane Registry onRegistrar:ORIGINATING APPLICATIONFiled by the ApplicantForm 5 – Rule 26Joe Thomas Bloggs8 Anne StreetCarina Queensland 4054Legal Aid Queensland31
Legal words and terms explainedAffidavit – a signed, written statement by a person involved in the case, statingwhat they know. It is sworn under oath.Affirming – stating that what you say or write is the truth. It is used instead of‘taking the oath’ if your religion does not allow you to take an oath or you do nothave a religion.Applicant – the person applying to the court to have their disqualificationremoved (you).Conviction – this is where a person has been found guilty by a court of law ofcommitting an offence and a record of their guilt has been recorded on theircriminal or traffic history record.Court clerk – the court officer who aids the magistrate in running the court.Criminal history – a record of criminal offences for which a person has beenconvicted.Cross-examination – when someone giving evidence in court is questionedabout their evidence.Deponent – the person who signs an affidavit.Evidence – these are the facts that a court decides a case on. Evidence canbe presented verbally to the court or in the form of an affidavit. Most of yourevidence is presented in an affidavit when you apply to the court to remove adisqualification.Filing – the process whereby documents are accepted by a court and often thisis evidenced by the court stamping its seal on the filed document.32Has your licence been disqualified for more than two years? A guide to help you apply to remove your licence disqualification
Page 1: Has your licence been disqualifiedf
Page 7 and 8: When can I apply?You may apply for
Page 9 and 10: How to apply to a magistratescourtS
Page 11 and 12: Applications for removal of licence
Page 13 and 14: • any changes in behaviour or lif
Page 15 and 16: Going to court1 On the date of the
Page 17 and 18: What the prosecutor might askEven w
Page 19 and 20: Can I apply to the Departmentof Tra
Page 21 and 22: What happens next?The department wi
Page 23 and 24: When making your application, you m
Page 25 and 26: Step 3. File a supporting affidavit
Page 27 and 28: Sample 1 - Application for Removal
Page 29 and 30: Sample 2 - Affidavit - Magistrates
Page 31: Sample 3 - Certificate of ExhibitMA
Page 35: Your local Legal Aid Queensland off

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