What you should know about going to court
About going to Court
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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 |
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. |
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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 |
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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Speaking
to the Court Officer |
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 |
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 |
You may
sit at the back of the courtroom and watch other proceedings or wait outside
until your name is called. |
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Waiting
your turn |
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. |
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The
Bench |
The
judge, federal magistrate or judicial officer will sit at the front of the
room at the Bench. |
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Witness
box |
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. |
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The
Bar table |
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. |
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Seating
area at the back |
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. |
During your case hearing
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Standing
or sitting in Court |
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 |
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
judicial registrar as ‘Judicial Registrar’ a
registrar as ‘Registrar’ |
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What
not to do |
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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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.
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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 |
Having
viewed this guide, we hope you now feel more comfortable with the Court
environment.
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