Preparing to go to Court
Last Updated 1 April 2023
Last Updated 1 April 2023
It’s important to prepare for court so you know what to bring, which court to go to and how to behave. It helps ensure that you know what to expect and shows the Judge that you are prepared. It may also increase the court’s efficiency in getting your matters resolved.
This fact sheet covers:
The Federal Court and Federal Circuit and Family Court have offices (known as registries) in each state and territory. Addresses, opening hours and contact details are available at the following links:
Attending court is a formal occasion and it is best to dress neatly. If you have a suit or business clothes, you should wear them, but they are not absolutely necessary. You should, however, dress in a way that shows you are respectful of the court.
Bring:
Do not bring:
You can find which courtroom you need to go to by looking at the daily court lists which are displayed at court and on the court’s website. Your hearing may not be the only one in the courtroom that day – there may be other hearings before and after yours. Ask court staff if you have any questions about where you need to go and when. If you do not have a lawyer representing you, you will sit at the ‘bar table’ and speak directly to the judge. The court officer can guide you to where you should sit.
Court hearings are open to the public and there may be members of the public in the court room.
You can bring a support person with you to court, for example a friend or family member or staff member of a community agency. They will not be able to speak to the judge or ask questions during the hearing and are required to sit in the public seating area.
It is important to be polite and observe certain formalities. You should do everything possible to show the judge you are prepared and reasonable. Remember to:
You can ask the judge questions if you are not sure what to do, but because they are impartial they cannot give you legal advice or help you with your case.
A directions or case management hearing is a short hearing where the judge decides the next procedural steps to deal with the case and makes orders for those steps to happen. The kinds of orders that can be made include: setting dates for mediation, for the parties to lodge their evidence, for any further directions hearings, or for the final hearing.
You should come prepared to tell the court what you think the next steps should be and why. Take a pen and some paper with you so you can write down what the court decides you need to do and when. Any orders made by the court are published on the webpage Federal Law Search.
Interlocutory hearings deal with specific issues that need to be determined before the final hearing. For example, an interlocutory hearing may be scheduled if a party lodges an application for:
Mediation is a type of dispute resolution which can be cheaper and quicker than going to a final court hearing. An impartial, specially-trained mediator (not a judge) helps the parties discuss their issues and work out a solution. It is less formal and more flexible than a court hearing.
Mediations are confidential and the discussion cannot be raised later on in court. You can access our Mediation Fact Sheet here.
At the final hearing, both parties present their case. This typically involves both sides questioning witnesses and then making submissions. The judge may ask you questions about your case. You can access our Tips for the Day of Hearing in the Federal Court and Federal Circuit and Family Court resource here.
Note – What if I can’t attend a court date?
It is very important to attend all court dates, including directions hearings. If you have a good reason for not attending (for example, serious illness), phone the court and let them know. Make sure you get a doctor’s certificate or other documentation to explain why you could not attend.
Communications with the court should usually be in writing. Make sure you copy all parties into any communications you have with the court.
There are particular rules for communicating with Judges and their associates in court, which are outlined on the Federal Court and the Federal Circuit and Family Court websites. There are also particular rules for communicating outside of court, which are outlined on the Federal Court and the Federal Circuit and Family Court websites.You can communicate by phone with the staff in the court registry and they may be able to pass messages on to the judge or court staff for you. Court staff cannot give you legal advice.
If you are required to file any documents with court, make sure you do it within the timeline given by the court. It will not assist you if you are seen to be not complying with court timelines.
This resource was last updated on 2 November 2015. This is legal information only and does not constitute legal advice. You should always contact a lawyer for advice specific to your situation. Please view our disclaimer for more information.