It can be very confusing, knowing where to stand and what to do. To guide you through this process, we have prepared a list of key information and Court etiquette that you will need to know for almost every type of hearing.
What happens in a Court Hearing?
The following first steps will apply, no matter what kind of hearing you have:
1. You will need to attend the relevant Courtroom at the correct date and time. The Court staff will be able to help you find the right room.
2. When you first arrive in the Courtroom, you will need to go up to the Judge's Associate (or clerk), who sits at a desk in front of the Judge. Give them your proceeding name or number, and tell them who you are.
3. You will need to sit in the public gallery of the Courtroom until your matter is called out by the Associate. If you have a friend or support person with you, they may sit with you.
4. Your hearing may be in a 'list', which means that your matter and 20 other matters are listed at the same time. If you are in a list, you may have to wait a long time for your matter to be called, so make sure you have deposited sufficient coins in the parking meter!
5. Where the Judge sits is called 'the Bar'. Whenever the Judge is at the Bar, the Court is what is known as 'in session'. When your matter is called, you will need to stand behind the table in front of the Bar, known as 'the Bar Table'. You will be facing the Judge and your opponent will be next to you. Any supporting people must stay in the public gallery.
6. The Judge will ask who you are. You will need to clearly state your name and the capacity in which you appear. For example, if you are representing your business, you will say 'I am Denny Denuto and I am the director of Photocopiers Limited, the Defendant in this matter'.
7. If you are the Plaintiff or Applicant of the proceeding, you get to speak first. If you are the Defendant or Respondent, you can sit down at the Bar Table while your opponent speaks first.
8. During the hearing, the Judge may ask questions of either party at any time.
What Happens After a Court Hearing?
The Judge may make a decision during the hearing. The content of the Judge's decision will be made into 'orders', which must be followed.
The Judge may also decide to consider the matter further in their office (known as 'chambers') and will tell the parties what their decision is at a later date. If you do not like the outcome, in certain circumstances you may be able to ask the Court to appeal or review the Judge's decision.
Once your matter is finished, you may leave the Courtroom, even if there are other matters still in the Courtroom. Just remember to bow on the way out!
What now?
Court hearings are extremely important to the outcome of any proceedings. Your legal position, your preparation and your behaviour in the Courtroom will all affect the Judge's decision. Court hearings can also be extremely nerve racking and confusing, particularly if you have not engaged with the legal system before.
At Sharrock Pitman Legal we can help you understand the requirements of your court hearing, and advise you on the process and your options. We can also take the stress of a court hearing away from you by representing you and appearing in court on your behalf. If you need advice or assistance, please contact us and it would be our pleasure to assist you. Call Sharrock Pitman Legal today on 1300 205 506.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
Liability limited by a scheme approved under Professional Standards Legislation.
Caroline Callegari is an Associate Principal and leads our Disputes & Litigation team. She has an advisory and advocacy practice in the following areas: Commercial Litigation, corporate and personal disputes, debt recovery and, insolvency and bankruptcy matters. Caroline can be contacted on (03) 8561 3324 or by emailing caroline@sharrockpitman.com.au.
