PRACTICAL steps

We understand that going to court can be a daunting experience so here are some practical tips to help you on the day of your hearing. At the end of the page, we have listed links to helpful videos.

Dressing for court

 When dressing for court, keep your clothes smart and simple, e.g. trousers, a skirt, a smart top or blouse, a suit (tie is optional) and smart shoes.

You should balance comfort with making a good impression to the judge.

Getting to Court

Ensure that you look up the location of your court before your actual hearing day. Plan out the travel route to the court ensuring that you count in time for any unexpected delays.

Arrival & security check 

All court houses ask court users (such as yourself) to go through security checks. This is normal. Many cases are listed at court for the same start time, which means it can be busy at the arrival desk/security check. You may be asked to provide your name to security or reception on arrival. On arrival, you must sign-in. Your bag will also be searched and you will pass through a metal detector.  Keep a note of your case number.

Locating your floor/court room

Once you pass through security, you need to find the daily list. The daily list holds all the cases that are to be heard on that day, or approach the reception desk with your case number to locate the floor and court room that will be hearing your case. Often it is easier to speak to reception staff. Take the stairs or the lift to your floor. Once on the correct floor, sign in at the usher’s desk. You must ensure that you sign in because signing in lets the court know that you have arrived for your case.

Waiting time

You should aim to arrive an hour before your case is listed. Many cases are listed for the same start time at the Family Court, so you may have to wait some time before you are called in. Waiting and hearing times vary. As such, as a minimum, book out half the day for your hearing if not the entire day. Make arrangements for a friend or family member to pick up your children or handle any other tasks that need completing on this day.  

Case starting

When the magistrate or judge is ready to hear your case, a member of staff at the court, called an Usher, will call your name and ask you to come into court. The Usher will tell you where to sit in the court room. If they do not direct you as to where to sit, ask them politely as to which seat you need to take.

How to contact the court 

Details for each court are different and are available on the generic court website. Often you can google the name of your court and the contact details will appear in the search engine. When contacting the court you should provide your name and case number (this number can usually be found in the top corner of any court document). 

People attending court

If you are representing yourself then you can bring a family member or friend to the court building to support you. You may also bring a friend or family member into the hearing if you have permission from the court. However, you should only do this if the person you bring will help keep you focused and calm, and will not disrupt or interrupt the court process or distress the other side. The court will expect you to complete a form called a McKenzie Friend Form.

How to behave at court

When you arrive in the court building, you should be respectful and polite to all members of staff.

Once you are called into the court room for your hearing, take a seat as directed by court staff or the judge. You can remain sitting during the hearing but you should stand when (i) the judge walks into the court room; and (ii) whenever you are answering a question from the judge if your case is being heard by a Circuit Judge or above, otherwise remain seated when making your submissions.

Keep your phone turned off during the hearing.

Do not eat during the hearing (unless you have a medical condition).

How to Address the Judge

• Different judges are referred to by different titles.

• District Judges and Magistrates should always be addressed as “Judge”.

• Magistrates may also be addressed as “Your Worship” or “Sir/Madam”.

• Circuit Judges should always be addressed as “Your Honour”.

• However, if you are uncertain, just be polite and address the judge as judge. 

Stand up when the judge enters the room. You can sit down once the judge sits down.

Following the hearing

Unless you have any further issues to discuss with the other side, you can leave once your hearing has ended. There is no need to sign anything to leave.