Court Tour
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About the Court Tour
Who this guide is for
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This guide is mainly for people in family law disputes who must appear in Court before a judge, federal magistrate or other judicial officer and who do not have a lawyer to represent them.
If you are representing yourself, you are still bound by the same obligations as someone who has a lawyer.
This guide will help you to understand what you should do when you come to Court.
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Simple guidelines and rules
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By following some simple guidelines, and the rules of Court, you will be well-prepared to manage your case and you should feel more comfortable with the Court surroundings. |
Getting ready for Court
Getting your documents ready
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Before coming to Court for your hearing, make sure you have all your documents together.
It is best to have your documents labelled and organised in date order so you can find them quickly.
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Dressing appropriately
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The courtroom is a formal place, however, there are no rules about what to wear.
You should dress appropriately so you will feel comfortable in the situation.
Judges, federal magistrates, other judicial officers, and often lawyers, wear robes in Court:
- judges wear a wig and a gown
- federal magistrates usually wear a gown only
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Arriving in Court
Arriving in
time
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You should arrive at least 15 minutes before you are due to appear in Court. This will give you plenty of time to find your way to the courtroom.
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Speaking to
the Court Officer
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When you arrive at the courtroom where your case is being heard, give your name to the uniformed Court officer or deputy associate. Let them know if you are appearing in Court without a lawyer.
If you are unsure who is considering your case, ask the Court officer or deputy associate if there will be a judge, federal magistrate or other judicial officer so that you know how to address that person.
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Entering the courtroom
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When you enter and exit the courtroom, it is usual to acknowledge the presence of the judge, federal magistrate or judicial officer. You should pause briefly at the door and nod your head while looking towards the judge or federal magistrate. You will also notice lawyers acknowledge the Bench in this manner.
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Watching
other proceedings
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You may sit at the back of the courtroom and watch other proceedings or wait outside until your name is called. |
Waiting your turn
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A number of cases may be listed on the same day as your hearing. You will be required to wait until your case is reached – sometimes this can be an hour or more. |
Inside the courtroom
Courtroom
layout
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The actual layout of the courtroom where your case is being heard may have all or some of the following areas. |
The Bench
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The judge, federal magistrate or judicial officer will sit at the front of the room at the Bench.
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Witness box
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If you are attending a trial, you or your former partner can call witnesses. Witnesses can either stand or sit in the witness box to give their evidence. |
The Bar table
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If you do not have a lawyer, you will sit at the Bar table. Your former partner, or their lawyer if they have one, will also sit at the Bar table. |
Seating area
at the back
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Court proceedings are open to the public unless the judge or federal magistrate orders otherwise. People waiting for their cases and members of the public may sit quietly at the back of the courtroom.
If you have a friend or support person with you they may sit at the back of the courtroom. Children and people under 18 are generally not allowed in the courtroom.
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During your case hearing
Your case is announced
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When it is time for your case to be heard, the Court officer or deputy associate will call your name and ask you to stand at the Bar table.
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Standing or sitting
in Court
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It is usual to:
- stand when you are speaking or being spoken to
- sit while the judge or federal magistrate is speaking to your former partner or their lawyer.
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Addressing
the Judge
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The person hearing your case will usually be a judge, a federal magistrate or a judicial registrar. If not, they will be a registrar. The Court officer or deputy associate can tell you who is hearing your case.
You should address:
- a judge or federal magistrate as ‘Your Honour’
- a registrar as ‘Registrar’
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What not to
do
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While in the courtroom:
- do not leave mobile phones switched on
- do not place bags, cases or parcels on the Bar table
- do not bring food and drinks into the courtroom
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After your case hearing
Court orders about your case
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After hearing your case, the judge, federal magistrate or other judicial officer may make orders about your case.
You should write down these orders. Ask for the orders to be repeated if you do not understand. The Court will either give you or mail you a copy of any order or decree.
Alternatively, the judge, federal magistrate or judicial registrar may reserve or hold-over the decision about your case. You will be informed later of the day and time to attend so you can hear the decision. On that day, you will receive a copy of the decision which includes the orders made and the reasons for the decision.
When your hearing is over you may leave. At the door pause briefly and nod to the judge or judicial magistrate. If you are leaving at the end of a Court session, the Court officer or deputy associate will formally adjourn the Court. Everyone will stand and the judge, federal magistrate or other judicial officer will leave first.
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Feeling safe in Court
Personal safety
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If you have any concerns about your safety while attending Court, please call the National Enquiry Centre on 1300 352 000 before your Court appointment or hearing. Alternatively, call your Case Coordinator if you have one.
If you have any concerns when you are in the Court building, please speak with Court staff, the Court officer or deputy associate.
Options for your safety at Court will be discussed and arrangements will be put in place.
By law people must inform the Court if there is an existing or pending family violence order involving themselves or their children. A copy should be filed with the Court. You can find more detail about personal safety in the brochure ‘Family Violence’, which is available on this website.
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Conclusion
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Having viewed this guide, we hope you now feel more comfortable with the Court environment.
If you have any questions, please contact the Court where your case is being heard.
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