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Court Appearances Lawyers

Representation and advocacy for court hearings and appearances.

Do you have a court matter? If so, then don't delay contact us today! We handle all court matters in every jurisdiction including the Local, District, Supreme and High Court of Australia. We can help you with mediations, conciliations, arbitrations and tribunal matters and any other legal matters requiring legal representation.

If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here.

Lawyers who appear in Court generally understand the importance of representation and support in regards to court matters and litigation. Their services include representation in Court as well as meetings, appeals and settlements.

Court Appearance Lawyers services include court attendances for:

  • Criminal matters
  • Civil matters
  • Divorce matters
  • Family law disputes
  • Custody matters
  • Traffic Cases including drink driving cases

If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here.

Lawyers can appear in the following Courts and Tribunals:

  • Local Courts
  • Magistrates Courts
  • Tribunals
  • Supreme Courts
  • District Courts
  • High Court
  • Family courts
  • Federal courts
  • Children's Courts
  • Other courts and tribunals

If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here.

What Happens Before a Court Appearance?

If you are summoned to court as a witness or defendant you have a number of rights under the law.

If you are a Witness:

As a witness you have a number of rights that include:

  • The right to see the courtroom before the trial begins.
  • The right to bring someone with you to court.
  • The right to wait in a separate area of the court from the rest of the people involved in your case.
  • The right to refresh your memory of the statement you gave to the police. A representative of the Crown Prosecution Service will be able to make your statement available to read before you enter the court to give your evidence.
  • The right to take your oath on a holy book of your choice, or to affirm your oath without a holy book.

All witnesses have a right to be protected against any intimidation as a consequence of them offering their testimony in court. If you feel that you may suffer intimidation from the defendant in your case, you have the right to apply to give your evidence as a written statement.

If you are a Defendant

Going to court as a defendant means you also have a number of rights that the courts and the police must abide by. These include:

  • The right to have any unused evidence disclosed to you before the trial begins. This is any material that the prosecution will not be using in the trial you are about to take part in.
  • The right to cross-examine any witness that the prosecution has bought into court to support their case against you.
  • The right to object to any written statements being read out in court unless you or your solicitor have already been given copies in advance.
  • The right to enter the witness box to defend your case.
  • The right to call any witness in your defence.

Your Right to Privacy

Anyone under the age of 16 should not have their identity revealed by the press if the case involves a sexual offence.

The Australian court system - a general overview:

The Courts

The Federal Judicature

Chapter III of the Constitution (sections 71–80), called ‘The Judicature’, provides for the judicial branch of the Commonwealth. It establishes the High Court of Australia and empowers the Commonwealth Parliament to create other federal courts and to vest federal judicial power in State and Territory courts. ‘Federal judicial power’ is the power to decide a dispute of the kind set out in sections 75 and 76 of the Constitution.

There are four principal federal courts:

1.the High Court
2.the Federal Court of Australia
3.the Family Court of Australia, and
4.the Federal Magistrates Court of Australia.

Federal judges and magistrates are appointed by the government of the day.

The Australian Constitution does not set out specific qualifications required by federal judges and magistrates. However, laws made by the Commonwealth Parliament provide that, to be appointed as a federal judge, a person must have been a legal practitioner for at least five years or be a judge of another court. To be appointed as a federal magistrate, a person must have been a legal practitioner for at least five years. To be appointed as a judge of the Family Court of Australia, a person must also be suitable to deal with family law matters by reason of training, experience and personality.

All federal judges and magistrates are appointed to the age of 70. The Australian Constitution provides that a federal judge or magistrate can only be removed from office on the ground of proved misbehaviour or incapacity, on an address from both the House of Representatives and the Senate in the same session. The Australian Constitution provides that the remuneration of a federal judge or magistrate cannot be reduced while the person holds office. These guarantees of tenure and remuneration assist in securing judicial independence.

The independence of the courts, and their separation from the legislative and executive arms of government, is regarded as of great importance in Australia and it is taken for granted that judges, in interpreting and applying the law, act independently of the Government.

If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here.

The Court system

Commonwealth courts

The High Court of Australia

The High Court of Australia is the final court of appeal in Australia.

The Court has a Chief Justice and six other judges.

One of the High Court’s principal functions is to decide disputes about the meaning of the Constitution. For example, if the validity of an Act passed by the Commonwealth Parliament is challenged, the High Court is responsible for ultimately determining whether the Act is within the legislative powers of the Commonwealth. The High Court is also the final court of appeal within Australia in all other types of cases, including those dealing with purely State matters such as the interpretation of State criminal laws.

The Australian Constitution vests two types of jurisdiction in the High Court: original and appellate.

Original jurisdiction is conferred by section 75 of the Constitution in respect of the following matters:

  • matters arising under any treaty
  • matters affecting consuls or other representatives of other countries
  • matters in which the Commonwealth of Australia, or a person suing or being sued on behalf of the Commonwealth of Australia, is a party
  • matters between States, or between residents of different States, or between a State and a resident of another State, and
  • matters in which a writ of mandamus or prohibition – or an injunction is sought against an officer of the Commonwealth, including a judge.
  • Under section 76 of the Constitution, the Parliament may also make laws conferring original jurisdiction in other matters, including matters arising under the Constitution and matters arising under laws made by the Parliament.

The High Court is also the Court of Disputed Returns in relation to disputes about the validity of federal elections.

Section 73 of the Constitution confers appellate jurisdiction on the High Court to hear appeals from decisions of:

  • the High Court in its original jurisdiction
  • Federal courts
  • other courts exercising federal jurisdiction, and
  • State Supreme Courts.

In considering whether to grant an application for leave to appeal from a judgment, the High Court may have regard to any matters that it considers relevant, but it is required to have regard to whether the application before it:

  • involves a question of law that is of public importance, or upon which there are differences of opinion within, or among, different courts, or
  • should be considered by the High Court in the interests of the administration of justice.
  • The Federal Court of Australia
  • The Federal Court of Australia came into existence on 1 February 1977. It sits in each State and, as necessary, the Australian Capital Territory and the Northern Territory.

If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here.

The Court has such original jurisdiction as is invested in it by laws made by the Commonwealth Parliament including, for example, in relation to matters in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth Government, and matters arising under Commonwealth laws, including bankruptcy, corporations, industrial relations, taxation and trade practices laws.

The Federal Court of Australia hears appeals from the decisions of single judges of the Court and decisions (except family law decisions) of the Federal Magistrates Court. It also hears appeals from some decisions of State and Territory Supreme Courts.

The Family Court of Australia

The Family Court of Australia is a specialist court dealing with family and child support disputes.

The Family Court exercises original and appellate jurisdiction throughout Australia except in Western Australia.

In Western Australia, the Family Court of Western Australia decides family and child support disputes. This Court is a State Court, funded almost entirely by the Commonwealth Government. The judges of the Family Court of Western Australia also hold commissions as judges of the Family Court of Australia.

The Federal Magistrates Court

The Federal Magistrates Court commenced operation in July 2000. It was established to deal with less complex disputes under Commonwealth laws. Its jurisdiction includes family law and child support, administrative law, bankruptcy law, discrimination, workplace relations and consumer protection law. It shares its jurisdiction with the Family Court of Australia and the Federal Court of Australia.

Industrial Relations Court of Australia

The Industrial Relations Court of Australia was established in March 1994 to deal with a range of industrial relations matters. Its jurisdiction was transferred to the Federal Court of Australia in May 1997. The judges of the Industrial Relations Court are also judges of the Federal Court and work full-time as judges of the latter Court.

State and Territory Courts

Australian State and Territory courts decide cases brought under State or Territory laws and, where jurisdiction is conferred on these courts by the Commonwealth Parliament, they also decide cases arising under federal laws. Most criminal matters, whether arising under Commonwealth, State or Territory law, are dealt with by State or Territory courts.

The Supreme Courts of the States, the Australian Capital Territory, the Northern Territory and Norfolk Island are the highest State and Territory courts and deal with the most important civil litigation and the most serious criminal cases. They also hear appeals from decisions made by the lower State courts or single Judges of the Supreme Court.

State intermediate courts decide the great majority of serious criminal offences where a jury is required to decide the facts of a case. They also deal with civil litigation up to certain monetary limits.

State and Territory courts of summary jurisdiction deal with most of the ordinary (summary) offences, such as traffic infringements and minor assaults. These courts also deal with civil litigation for debt recovery, smaller claims by one citizen against another or against companies, and some minor claims under federal laws.

Magistrates in these courts also conduct committal proceedings in respect of the more serious offences to determine whether there is a prima facie case to be determined by a Judge and jury, either in an intermediate court or a Supreme Court. Juries are not used in courts of summary jurisdiction.

If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here.

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Some helpful tips on dressing up for Court-

When you dress for a court appearance, dress as if you were going for an important job interview and remember the following points:

1 Understand that a courtroom is a formal, serious place and that judges are generally conservative.

2 Choose clothing that you are comfortable wearing. You will look nervous and shifty if you are adjusting your clothing and constantly rearranging yourself in court.

3 Avoid sneakers, trendy clothing, lots of jewelry, loud colors (especially red), revealing outfits, outrageous hairdos, and stained or damaged clothes. Do not wear a lot of perfume, cologne or aftershave. Wearing leather is not advisable.

4 Wear a suit, dress, or blouse and skirt if you are a woman. Do not wear spike heels, sandals or open-toed shoes. Wear a bra and pantyhose even if it kills you. Be sure your bra and slip are not showing.

5 Wear a suit, jacket and tie, or shirt and tie (only if you don't own a jacket) if you are a man. Never wear a hat.

6 Remove your coat before entering the courtroom.

7 Look as serious, reasonable, modest and ordinary as possible. You don't want to stand out or call attention to yourself.

8 Take off any expensive pieces of jewelry if you are trying to get the court to award you money.

If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here.

What to Expect in the Courtroom:

In Australia the court system is part of the criminal justice system. The vast majority of cases will be handled by your local magistrates’ court that every major suburb and city has. If the case is more serious, then you may have to attend a District Court that usually has a jury. If you’re under 18 years old you may have to attend a Childrens court who have specially trained Judges who deal with young people. However, if the crime is serious this will still go to the District Court no matter the age of the offender.

Going to Court

You will be told which court you must attend by letter that is usually sent by the police who are dealing with the case. Don’t forget to take the letter to court with you, as the reception desk will ask to see it. You will be told which courtroom your case is in and where you can sit and wait.

If you are nervous about attending court, one of the best ways of reducing your anxiety is to visit the court you will be attending. Most courts have days when you can walk around the court. And if you want to see how the court works, you can usually sit in the visitors’ gallery and watch a courtroom in action.

Disabled People

The letter you receive about which court you must attend will include its facilities for disabled people. If you have a disability that will cause you problems at the court get in touch as soon as you can. Most courts have a customer services officer. This will give the court time to make additional arrangements for you.

In the Courtroom

You will have been called to the courtroom to give evidence either as a victim, witness or as a defendant (someone that is accused of a crime). You may also have been called as a juror.

The Lawyers in the courtroom will ask you a number of questions. These can be quite detailed so don’t be afraid to ask them to repeat the question if you don’t understand it. Also, if you are in court for a long time, you can request a break. You will also have given a statement to the police. As the court case is likely to be sometime after this, you can ask to see your original statement when you come to court to refresh your memory.

Jury Service

Each year many people are randomly chosen to serve on a jury that try serious crimes ranging from theft to murder. Jury’s sit in the District Court and Supreme Court, but you could also be called as juror at a coroner’s court.

Note that if you receive a jury duty summons notice and have a disability that may require the court to make additional access available, it is important that you fill in the appropriate section of the form so the jury summoning bureau is aware of your disability.

A jury has to be chosen before it can sit. Even though you have been called for jury service, this doesn’t necessarily mean you will actually sit on a jury. Whether you actually sit on a jury depends on if you are picked when the jury for the trial is being assembled. If you are chosen you will then be sworn in. This means you will take an oath that you can read from a card or repeat from a court usher. You are now an official jury member.

When the trial begins makes sure you remember which court room you are using and the case you’re involved in as this information will be used by the court’s ushers to call you to the courtroom for each day of the trial.

Young People in Court

A courtroom can be a daunting place for young people. In many cases a young person’s written or video evidence will be enough. But with some cases the young person must attend court. In special cases that include some sexual offences and if the witness has a relationship with the defendant are called vulnerable or intimidated witnesses.

These people can give evidence by special means that can include: live video links or from the witness box that has a screen around it. When very young children are in court, lawyers and the judge may not wear their usual wigs and gowns.

You may feel that you know how a court operates from television or films. The reality can often be very different from what you’re expecting. The important thing to remember is that the courtroom is there to serve.

Courts - a general overview:

The courts

The High Court of Australia interprets and applies the law of Australia, decides cases of special federal significance, including challenges to the constitutional validity of laws, and hears appeals (by special leave) from the federal, state and territory courts. The High Court has a Chief Justice and six other judges who can preside either individually or together. It is the highest court of appeal on all matters, whether decided in the federal or state jurisdictions.

The other federal courts are the Federal Court of Australia, the Family Court of Australia and the Federal Magistrates Court of Australia. Under the Constitution, state and territory courts may be invested with federal jurisdiction.

The Federal Court’s jurisdiction is broad, covering almost all civil matters arising under Australian federal law and some summary criminal matters. The court also has substantial and diverse appellate jurisdiction, including over the decisions of single judges of the Federal Court and the Federal Magistrates Court (in non-family-law matters) and some decisions of the state and territory courts.

The Family Court is Australia’s superior court in family law. Through its specialist judges and staff, the court helps to resolve complex family disputes. It also covers specialised areas such as cases relating to the Hague Convention on International Child Abductions (which came into force in Australia in December 1998) and the international relocation of children by parents or guardians.

The Federal Magistrates Court was established by the federal parliament in 1999 and conducted its first sittings in July 2000. Its jurisdiction includes family law, bankruptcy, unlawful discrimination, consumer protection and trade practices, privacy, migration, copyright and industrial law. Nearly all of its jurisdiction is shared with the Family Court or the Federal Court.

Australian state and territory courts have jurisdiction in all matters brought under state or territory laws. They also handle some matters arising under federal laws, where jurisdiction has been conferred by the federal parliament. State and territory courts deal with most criminal matters, whether arising under federal, state or territory law.

Each state and territory court system operates independently. All states have supreme courts and some also have courts of criminal appeal, which are the highest appellate courts at the state level. Courts known as ‘district’ or ‘county’ courts hear the more serious cases, with a judge presiding over the court to interpret and determine the law. For more serious charges it is usual for a jury (usually of 12 people) to determine the guilt or innocence of defendants. Serious offences such as murder, rape and armed robbery are usually tried in a higher court.

Lesser offences are dealt with in lower courts, known as local or magistrates courts (or courts of petty sessions), where magistrates determine the guilt or innocence of defendants.

In all cases, defendants are considered to be innocent until proven guilty beyond all reasonable doubt. There is no death penalty in Australia.

If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here.

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