What to do, say and wear in court
When you go to court for the first time it may very confusing. You should consider:
Who’s who
Judicial officers and court staff
Your case will be dealt with by a judicial officer. Depending on the court or tribunal, the kind of case and the stage of your case, the judicial officer could be a judge, commissioner, tribunal member, magistrate, registrar or assessor. The place where the judicial officer sits is called 'the bench'.
In the Local Court, cases are dealt with by registrars, assessors or magistrates. They will be assisted by a court officer. The court officer will organise court papers, call parties into court and hand documents to the judicial officer sitting at the bench. In most cases there will also be a court reporter recording the cases.
If you have a question while you are in the courtroom or you are not sure what to do, you can ask the court officer.
Solicitors and barristers
Many parties in court will be represented by a solicitor or barrister. In some courts barristers may be heard first, followed by solicitors and then people who are representing themselves.
Prosecutors
In cases where a person has been charged with an offence by the Police, the Police have applied for Apprehended Domestic Violence Orders or where a person has elected to go to court for a Penalty Notice, there will be a Prosecutor running the case against a defendant.
For more information, see Who's who in court.
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What to do
When you arrive at the court you will usually find the court list on a wall or notice board. You should check the list and make a note of what number your case is in the list, and which courtroom you need to go to.
If you see a court officer you can let them know you have arrived and that you don’t have a lawyer.
Although you have been told to go to court at a certain time, for example 9:30am, this does not mean your case will be heard at that time. There are often many cases scheduled on the same day and you have to wait until your name is called. You can take a seat in the courtroom or if the courtroom is full you can wait outside. Make sure you do not leave the court building and are close enough to the courtroom to hear the court officer call your name. If you leave, or are not there when you are called, your case can be dealt with in your absence (without you).
The magistrate or assessor may call an adjournment and close the court for morning tea, usually around 11:30am, or for lunch, usually from 1:00pm to 2:00pm. You will have to leave the courtroom during these breaks. You can check with the court officer or the registry what time the courtroom will reopen.
It is possible that you could be at the court for a few hours, and sometimes for most of the day, so you should make arrangements with your work or childcare, if necessary.
Before you go into the courtroom you should:
- turn off your mobile telephone or pager
- remove your hat and sunglasses
- stop eating, drinking or chewing gum.
When you go into the courtroom you should:
- bow your head facing the judge, magistrate, registrar or assessor as soon as you walk in
- take a seat in the back of the courtroom
- be quiet while other cases are being dealt with.
You are not allowed to use a mobile phone or record anything in the courtroom but you can take notes during the hearing of your case.
When your case is called, you need to move to the table, called the 'bar table', which faces the judge, magistrate, registrar or assessor. Bring all of your documents to the table with you.
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What to say
When you speak in court, remember:
- a registrar is called 'Registrar'
- a magistrate or judge is called 'Your Honour'
- an assessor is called 'Sir' or 'Madam'.
You should stand up when speaking or when being spoken to in the court, unless you are given permission to sit.
The microphones at the bar table do not make your voice louder. They are used to record each case. You will need to speak loudly enough for the officer on the bench to hear you.
The first thing you need to say is your name and your role in the case. For example: "My name is Mr/Ms/Mrs/Miss X and I am the plaintiff." Your role, for example, plaintiff, applicant or defendant, may be written near your name on the court documents.
When the judge, magistrate, registrar or assessor is hearing your case, make sure that you listen to what is being said and don’t interrupt. You will be given the chance to speak so don’t try to talk over the other person.
Always use polite and respectful language when speaking in the court. You should ask for things to be repeated or explained if you can't hear or don't understand what has been said.
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What to wear
Make sure you are dressed neatly. You don’t need to wear a suit but you should not wear singlets, thongs, untidy, revealing or ripped clothing.
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