If you have been charged with a criminal offence, your court date is not something you can simply ignore or move because it is inconvenient.
However, there are legitimate situations where a court matter may need to be postponed. This is called an adjournment. It may be needed because you have not received the evidence, need more time to get legal advice, are unwell, or are not properly prepared to proceed.
In Queensland, getting a court adjourned is not automatic. Even if the prosecution agrees, the magistrate or judge still decides whether the matter should be moved to another date.
This article explains why a court case would be adjourned, and how to adjourn a court date in QLD if you are facing criminal charges.
Court Adjourned Meaning
When a matter is adjourned, it does not mean the charge has been withdrawn, dismissed, or forgotten; it means the court case has been postponed or deferred to another date. This is usually so one or more parties can take necessary steps before the next appearance.
For this to occur, one or both parties must provide valid reasons for the delay. These are reviewed by a magistrate or judge, who decides whether an adjournment is in the interests of justice—even if both sides agree.
This might include obtaining legal advice, reviewing evidence, waiting for police material, resolving disclosure issues, arranging witnesses, or dealing with illness or other urgent circumstances.
Why Would a Court Case Be Adjourned?
A court case may be adjourned for many reasons.
In criminal matters, common reasons include needing more time to:
- obtain legal representation or engage an interpreter,
- review the police brief of evidence (known as a QP9),
- receive disclosure
- negotiate with prosecution
- prepare submissions
- or deal with new charges.
A matter may also be adjourned if a key person is unavailable, such as a witness, lawyer, interpreter, or the defendant. In some cases, illness, hospitalisation, travel disruption, or other genuine emergencies may justify an adjournment.
However, inconvenience alone is usually not enough; the reason must be genuine. The court will usually want to know why the delay is necessary and whether the request has been made as early as possible.
How to Adjourn a Court Date in QLD
The process depends on the type of matter, the court, and how close the court date is.
In Queensland, you can apply online to the Magistrates Court to change a court date, seek directions, or request an order in adult and Children’s Court criminal matters that already have a current listing date. The Magistrates Court online form can be used for matters listed for a mention, bail application, or sentence, but it cannot be used to adjourn the first return date on a Notice to Appear (NTA).
The application must be filed by 4pm, 2 business days before the day set by the court.
A practical step-by-step process is:
1. Check the type of court date you have
Work out whether your matter is listed for a mention, bail application, sentence, committal, hearing, or trial. The type of listing affects how the court will approach your request.
2. Get legal advice early
A lawyer can assess whether an adjournment is appropriate and whether there are better options, such as appearing on your behalf or negotiating directions with prosecution.
3. Contact the other party where required
For online Magistrates Court applications, the submitting party must ensure consent from the opposing party (in this case, the prosecution) is obtained for what is sought.
4. Prepare your reason and supporting evidence
You may need to provide documents such as a medical certificate, proof of travel disruption, confirmation that disclosure is outstanding, or evidence that further time is needed for legal representation.
5. File the application or contact the registry
Depending on your matter, the prosecutor or your legal representative may file it through the Queensland Courts online process, by email to the relevant registry, or in person at court.
6. Do not assume it has been granted
Unless the court confirms the adjournment, you should assume you still need to attend. Failing to appear can create further legal problems, including the possibility of a warrant.
How Does the Court Decide Whether to Adjourn a Case?
A magistrate or judge may consider:
- whether the request is reasonable and made in good faith
- whether it has been made early
- whether there is supporting evidence (medical certificates, travel documents)
- whether the other party will be disadvantaged
- how much court time may be wasted
- whether the matter has already been delayed
- whether the accused will be unfairly prejudiced if the case proceeds
- The length and time of the adjournment
In criminal cases, the court must balance fairness to the accused with the need for matters to progress efficiently.
Note: Applications without supporting documentation are more likely to be refused. Short delays (hours or a few days) are often viewed more favourably than lengthy or open-ended requests.
Recent Court Decisions Show Adjournments Are Not Automatic
Recent court decisions have reinforced that adjournments are not simply granted because a party asks for one.
In Ferguson v The Corporation of the Society of the Missionaries of the Sacred Heart [2024] VSC 550, the Court refused an adjournment application made shortly before trial because the delay had not been properly explained.
In Taylor v Trustees of the Christian Brothers [2025] VSC 25, the Court refused to adjourn a trial based on possible future legislative reform, confirming that cases will not usually be delayed because the law might change later.
In Grimmett v Rivdale Pty Ltd [2025] VSC 122, the Court refused an adjournment even though the parties consented, making clear that court dates are controlled by the Court, not the parties.
While these are Victorian civil cases, the broader lesson still matters. Courts expect parties to be prepared. Late, unsupported, or poorly explained adjournment requests may be refused.
The lesson is simple: if you need an adjournment, act early, explain the reason clearly, and provide proper evidence.
Can My First Court Date Be Adjourned?
Sometimes, but you should be careful.
If you have been given a Notice to Appear, you may be required to attend court on the first date. The Queensland Courts online application form usually cannot be used to adjourn the first return date on a Notice to Appear.
If you cannot attend your first court date, you should get legal advice immediately. A criminal lawyer may be able to advise whether an appearance can be arranged, whether the matter can be mentioned on your behalf, or whether another option is available.
What Happens If an Adjournment Is Refused?
If your adjournment is refused, the court may require the matter to proceed.
This can be serious if you are not ready, do not have legal representation, or have not reviewed the evidence. In some cases, you may need to make urgent decisions about bail, pleas, submissions, or next procedural steps.
If you simply do not attend court because you expected the matter to be adjourned, the court may issue a warrant or deal with the matter in your absence, depending on the circumstances.
Do I Need a Criminal Lawyer to Apply for an Adjournment?
You are not always required to have a lawyer to request an adjournment, but legal advice is strongly recommended, especially if the matter involves criminal charges.
A criminal lawyer can help you understand whether an adjournment is likely to be granted, prepare the application properly, communicate with prosecution, provide the court with clear reasons, and avoid mistakes that may prejudice your case.
This is particularly important if your matter involves bail, domestic violence, assault and violent crime, drug charges, traffic offences, or a possible plea of guilty.
Need Help Getting a Court Adjourned in Queensland?
If you have been charged with an offence, it is important to understand your court obligations and attend all required court dates unless the court has formally excused your attendance or granted an adjournment.
A court matter may be adjourned for valid reasons, such as needing more time to obtain legal advice, review evidence, prepare your case, or deal with other urgent circumstances.
Failing to appear can lead to serious consequences, including a warrant being issued for your arrest or the matter proceeding in your absence.
If you need advice about how to adjourn a court date in QLD, our criminal lawyers in Brisbane can help you understand your options, communicate with the court or prosecution where appropriate, and prepare for your next appearance.
Contact Guest Lawyers on (07) 3211 3007 for urgent advice.
For related reading, you may wish to check out our articles on how long police can hold evidence without charges in Australia, and what the right to a fair trial means.