Information on what to expect during the court case itself and what is expected of you.

What to expect in the courtroom

What to expect in the courtroom

Courtrooms are formal settings for resolving legal matters. If you have not attended a court hearing before it may be a bit intimidating. Here we provide some information to help you understand how to behave in court, what to expect in the courtroom and who might be in the courtroom.

What to do in court

What to do in court

If you have never been in a Court before, it can be difficult to know how you are expected to behave. To help you with this, here are a few DOs and DON'Ts to consider for your hearing.

Do

Don't
Dress appropriately for a formal environment Raise your voice in the courtroom
Stand when the judge is entering and leaving the courtroom Use a mobile device
Address the judge as 'judge' Eat food in the courtroom
Stand when speaking to the court Take photos or videos during your hearing
Turn your mobile phone off or put it on silent Interrupt others
Take notes if necessary Chew gum

There is no expectation on you to know all of the courtroom formalities. Direction will also be provided during the case. For example, the judge or clerk will tell you where to sit when you enter the courtroom.

If you need a break you can ask the judge. Usually a judge will give instructions on when you can speak. For example if someone is interrupting, it would be normal for the judge to tell them that they will get a chance to speak after.

What to expect in the courtroom

What to expect in the courtroom

Family Law cases are heard in private ('in camera') to protect the privacy of the family. Only those involved in the case and such other people as the judge allows will be in the courtroom. Sometimes the judge may allow people to attend to report on a case. They may be solicitors, barristers, approved researchers or members of the press. The publication of reports of family law cases is allowed in certain circumstances once no names, addresses, or any other details which might identify the parties are used.

The legal language used in a courtroom can be difficult to understand. We have a glossary of terms that may help.

If you are representing yourself, you will be required to speak to the judge and answer questions yourself.

Who to expect in the courtroom

Who to expect in the courtroom

Before you go to court for the first time you might want to familiarise yourself with the courtroom layout and who will be in it. The diagram below has details of who to expect in the courtroom

Click to expand

The judge is in charge of your Family Law court hearing. There is no jury in Family Law cases and the outcome is decided by the judge alone. They dress formally, and sit at their own bench at the top of the courtroom. The judge enters and leaves the courtroom through a separate door near their bench.

The Court Registrar sits in front of the judge. They assist the judge with administrative matters and are in charge of court documents and evidence. It is the Court Registrar who administers the oath to witnesses and who will record the decision or outcome of the case.

The witness sits to one side of the judge and gives testimony in court. Either the applicant or respondent to a case may be called to the witness box to give testimony during the hearing. Other witnesses may also be called who can provide additional information to a case to help the judge reach a decision.

The applicant in a hearing is the person who started the Family Law case. The respondent is the person who has had a Family Law case started against them by the applicant.

The applicant and respondent will sit at different sides of the courtroom.

If the applicant or the respondent do not have legal representation, they will speak directly to the judge.

In certain Childcare Family Law cases there may be additional parties to the case depending on the complexity of the scenario.

The applicant and/or the respondent may have legal representation from a solicitor for their hearing. Sometimes the applicant or respondent may also have a barrister.

The solicitor or barrister will state the case for their client to the judge and outline what decisions their client is looking for.

In addition to a solicitor, either party may also seek representation from a barrister for their hearing. The barrister will face the judge and argue the case on behalf of their client.

(Not shown on illustration) For parties who do not speak or understand the official languages, they may require an interpreter to be present at the hearing. An interpreter will interpret what is being said by the judge to the party and vice versa.

(Not shown on illustration) The judge may have an assistant in court. They usually wear a black robe. In addition to other duties the assistant to the judge often announces the arrival and departure of the judge from the courtroom (usually by saying ‘all rise’).

(Not shown on illustration) Family law cases are heard in private (in camera) to protect the privacy of the family.

Only officers of the courts, the parties to the case and their legal representatives, witnesses and such other people as the judge allows will be in the courtroom while the case is being heard. On occasion, the judge may allow people to attend to report on a case. They may be solicitors, barristers, or members of the press. However the publication of reports of family law cases is allowed on the strict condition that no names, addresses, or any other details which might identify the parties may be used.

At the end of the hearing

At the end of the hearing

At the end of the case, the Judge will make their decision in the form of an "order" or a "judgment". When your hearing is finished, the judge or registrar will tell you when you can leave the courtroom..

After the hearing, a written copy of the decision will be sent out to you in the post within 7 days of the hearing. If you are not happy with the decision, you may be able to appeal to a higher court. There are time limits for appeals so you may wish to get legal advice or speak to a Court Service staff member about this.

Please Note: Family law proceedings can be sensitive and emotional days. Please make any member of staff aware if you need alternative arrangements. Particularly for leaving the courtroom or if you need any support after the hearing.

Frequently asked questions

Frequently asked questions

What is the dress code?
There is no specific dress code, however normally people dress formally e.g. as you would to a job interview.

How do I address the judge?
You address the judge as 'judge', you also only speak when asked to do so.

Who will be in attendance?
For information on who will be there and what their roles are, please see the courtroom illustration above.

Are mobile phones allowed in court?
No, please ensure your mobile phone is switched off before entering the courtroom.

Where do I sit?
When you enter the courtroom, you will be directed where to sit by the judge or registrar.

Pages in this Section

Pages in this Section

Preparing for Family Court - Main Page
Things to consider before Court.
Planning your trip.
What to do on the day.

What to expect in the Courtroom.
What supports are available?
Preparing for Court - Summary.