When is going to Court Necessary?
If you’re involved in legal proceedings, it’s likely you will, at some stage, have to attend Court. Even if you’re not a party to legal proceedings you may have to attend Court to give evidence as a witness or as a juror.
What are the Different Courts in Australia?
Different types of Courts hear different types of matters.
In Australia there are ‘state Courts’ and ‘federal Courts’.
State Courts primarily deal with state laws, such as traffic offences. Examples of state Courts include the Magistrates Court, the District Court and the Supreme Court.
Federal Courts primarily deal with Commonwealth laws, such as the family law. Examples of Federal Courts include the Federal Circuit Court, Family Court and High Court.
The state Court that deals with the most matters is the Magistrates Court. Magistrates Courts have the power to deal with a wide variety of matters. The bulk of their time is spent dealing with criminal and other offences, and domestic violence applications.
Higher state Courts like the District Court and Supreme Court deal with more serious offences like murder and rape, although even those offences start off in the Magistrates Court.
The federal Court that deals with the most matters is the Federal Circuit Court. Up until a couple of years ago, this was called the “Federal Magistrates Court”. Federal Circuit Courts deal with the majority of family law matters which end up going to Court. Only matters which are serious or complex are heard in the Family Court.
Showing up to Court
You should always show up to Court when you’ve been directed to do so by a police officer, judicial officer (like a Magistrates or Judge), or lawyer.
Try to arrive at Court a bit earlier than you’ve been directed to. That way, if you’re not sure where you’re supposed to go within the Court building, you’ll still have plenty of time to find your destination before you’re due to appear.
If you don’t know where, within the Court building, you’re supposed to go to, ask the security guards, or a Court staff member for help; they’re usually very friendly.
What if you Miss Court?
Missing Court can have dire consequences. In criminal matters, for example, the Court may issue a warrant for your arrest. In other matters, like family law matters, the Court may make Orders which you don’t agree with, but weren’t able to contest because you didn’t show up to Court.
Don’t ignore a Court matter; deal with your issue head-on. Burying your head in the sand will only make things worse.
If you think you can’t make Court, contact the Court and/or your lawyer or the police as soon as you know you won’t be able to make it. Again, be pro-active.
Do you Need a Lawyer for Court?
It’s not 100% necessary to have a lawyer for some minor matters, but ideally you would have a lawyer at Court for anything other than an appearance as a witnesses or juror.
It’s never a good idea to just ‘rock up to Court and wing it’. You should at least obtain some advice from a lawyer before going to Court. Provided they have sufficient information, a competent lawyer will be able to tell you what might occur at Court so at least you know what you’re in for.
If you can’t afford a private lawyer, see Legal Aid Queensland, the Aboriginal and Torres Strait Islander Legal Service or your local community legal service (such as the Townsville Community Legal Service). Provided you meet certain eligibility requirements, those organisations provide free, and discounted legal advice and representation.
Court Room Rules
Court room rules apply irrespective of which Court you are in.
It is important that you show respect to the Court at all times, whether you are sitting in the gallery, giving evidence or appearing as a party to the proceedings.
When in Court:
- dress appropriately (think smart casual – i.e. your ‘Sunday Best’ (a long sleeved shirt and pants for men and conservative attire for women));
- remove your hat and sunglasses;
- turn your mobile phone off;
- don’t eat, or drink within the Courtroom;
- don’t smoke in the Courthouse;
- sit quietly while waiting for your matter (try to avoid speaking with people around you, and if you have to speak to them regulate the volume of your voice – all courtrooms have sensitive recording equipment to record court-room conversations – don’t say anything you wouldn’t want the Magistrate or Judge to hear);
- don’t make audio or visual records of the proceedings;
- don’t speak with jurors if it is a jury trial.
It’s also important to show respect to the Magistrate or Judge. You should:
- bow to the them upon entering and exiting the Courtroom;
- refer to them as “your Honour” (we don’t call Magistrates “your worship” anymore – that was scrapped in 2004);
- refrain from interrupting them when they are speaking;
- stand when they talk to you; and
- follow directions of the Court staff at all times.
Our solicitors at Gun Lawyers appear in Courts every week and have appeared in various Courts throughout Australia. Should you require a solicitor to advise you in relation to a Court matter, or appear in Court for you, please don’t hesitate to give us a call. We’re more than happy to assist.
This article was published by Adam Harvey, solicitor. Adam is a criminal lawyer, family lawyer, and Wills and estates lawyer practising out of Townsville