M A X IM IS IN G C O U R T P E R FO R M A N C E
Courting disaster and
SOME EASY TIPS CAN HELP TURN
A COURT APPEARANCE FROM
FEARSOME TO EXHILARATING
FOR ANY YOUNG LAWYER.
COURT APPEARANCES CAN
BE DAUNTING FOR THOSE
WITH NO PRIOR ADVOCACY
EXPERIENCE. PREPARATION IS
THE KEY TO MAKING THE MOST
OF THE OCCASION, HELPING
YOU FEEL MORE AT HOME
IN WHAT WILL HOPEFULLY
BECOME INCREASINGLY
FAMILIAR SURROUNDINGS.
mi mi M mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi M mi mi mi mi mi mi mi mi mi mi mi mi mi mi
Before going to court
Arrive early
suitable date for the next hearing, and liaise
Review the file before your appearance and
Arrive at least 15 minutes before your
with the associate, clerk or coordinator to
familiarise yourself with the parties, issues in
matter is listed to commence. This will give
book it in.
Announcing your appearance
dispute, purpose of your appearance and the
you time to get through the court scanners,
history of the matter. If you cannot establish a
discuss any outstanding issues with the
clear understanding of the file and its history,
other side, mentally prepare and settle
approach the lawyer who has assigned the
nerves. If you are running late, contact the
appearance to you to discuss your questions.
court to request that your matter be stood
Contact your client and finalise your
instructions. If they are required to attend
down until your estimated time of arrival.
Entering your appearance
court, agree on a place and time to meet. On
Before your matter is called, you must fill out
the day, ensure that you are appropriately
an appearance sheet or inform the relevant
Each matter is called when an associate or
clerk announces the matter by name and/
or number in the list. Upon hearing the
announcement, approach one end of the bar
table facing the judicial member and say:
“If Your Honour pleases/if the Court pleases,
I appear for the [plaintiff/defendant] in this
matter
dressed and equipped with the client's file,
court coordinator, associate or clerk who you
If you are representing the plaintiff or
stationery, relevant legislation, identification
are and who you represent. This information
applicant, you would generally announce your
(if you are required to go into court cells),
is kept on the court record.
appearance first; if you are representing the
your business card and mobile phone - but
ensure that it is off or on silent in court.
The day before your appearance
Access the court's online matter listing
and make a note of the time, courtroom,
defendant, respondent or accused, announce
Where appearance forms are provided, they
are generally kept inside the courtroom on
a visible table or ledge. If you are unable to
locate any appearance sheets, you should
your appearance after your opposing lawyer.
If it is a matter where your client's appearance
is required then you should indicate to the
court the whereabouts of your client by
speak with the associate or clerk.
gesturing to them, or describing them.
courtroom location and the presiding judicial
Liaising with your opposing lawyer
Seeking leave to appear as a trainee
member. Court lists are ordinarily available
Before your matter is called, seek out and
solicitor
after 4:30pm the previous day. If you cannot
introduce yourself to your opposing lawyer.
If you are a legal trainee, you may not appear
find your matter then contact the relevant
Estimate with him or her how long your
before a court or tribunal without leave of
registry, listing associate or coordinator.
matter is likely to take, so you can advise
that court or tribunal.1
There is generally a physical list available
the judicial member if asked.
in the respective courts on boards or digital
If the matter is going to be adjourned, or
displays in the foyer, near the registry or the
will progress to the next stage in the court
associate or clerk in advance to indicate that
coordinators' offices.
process, discuss with your opposing lawyer a
you will be seeking leave to appear, and the
4
If you are asked to appear in a matter, the
best practice is to contact the relevant
YOUNG LAWYERS JOURNAL
M A X IM IS IN G C O U R T P E R FO R M A N C E
how to avoid it
TERMINOLOGY
Before you undertake any appearance, it is imperative to know which court you are appearing in, the
member of the judiciary you are appearing before and the correct way to address them:
High Court
Judge
Your Honour
Justice Crennan
Federal Court
Judge or Registrar
Your Honour (Judge)
Justice Finkelstein
Registrar (Registrar)
Registrar Luxton
Federal Magistrates Court
Federal Magistrate
Your Honour
Federal Magistrate
Connolly
Supreme Court
Judge
Your Honour
Justice Pagone
Supreme Court
Associate Judge
Your Honour
Associate Justice Daly
County Court
Judge
Your Honour
Judge Anderson
Magistrates’ Court
Magistrate
Your Honour
Magistrate Smith
Children’s Court
Magistrate
Your Honour
Magistrate Gibson
Victorian Civil and
Member
Sir/Madam
Member Davies
Administrative Tribunal
mi mu iiiiiiiii iii 111 iiiiii iiiiii iii 111 iiiiiiiiiiiiiiiiiiiiiiiin
111 iii
in mi mi mi mi mi mi mi mi mi mi mi mi mi ii mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi iimi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi iimi mi mi mi mi mi mi mi mi mi mi mi mi mi i
reasons for doing so. The associate or clerk
by saying: “Your Honour, I do not have
Consolidate any notes you have made during
can usually provide you with an indication as
report back to your supervising solicitor and
When the matter is called on in the court
instructions in relation to that point. Ifyour
Honour is willing to stand the matter down for a
short time, I will seek instructions”.
Transcripts
to whether that application will be successful.
or tribunal, make your application for leave
You should then call the client or a colleague
verbally, along the lines of: “Your Honour, I
seek leave to appear on behalf of the [plaintiff/
for instructions. If the question can be
defendant]. I am a trainee solicitor employed by
(if present in court), your instructor or
[firm/community legal centre/department].
the opposing lawyer, you may simply ask:
I am familiar with this matter and my client
consents to my appearance in lieu of my
colleague who is unavailable.”
“Your Honour, may I confer with my [client/
instructor/friend] for a moment?”
Keep in mind that there is no limit on the
judicial member's discretion to refuse to
grant leave and that they are entitled to
“demand that full technical assistance
be provided for the court in its task of
administering justice according to law”.1
2
Generally, the higher the court and the more
complex the matter, the less likely it is that
leave will be granted. Leave is usually only
granted for simple administrative hearings. If
leave is refused, stand the matter down until
answered quickly, by asking your client
After your appearance
the appearance with any other notes and
then to the client.
You should ask your supervising solicitor
whether a transcript of your appearance is
required. Depending on the court you are
appearing in and the type of matter you are
appearing in, the court may already have
arranged transcript services that can be
made available to you.
At the end of your appearance, a
In circumstances where you do need to
determination will be made by the judicial
arrange a transcript, contact the court and ask
member. This is known as an order. Be sure
for their preferred supplier and contact them
to write down the decision made - and the
to arrange for a transcript of the matter.
reasons for that decision - so that you can
report it back to your supervising solicitor
and then to the client.
Depending on the jurisdiction you are
appearing in, you may be able to request a
copy of the orders of the judicial member on
Conclusion
We trust that when you are next called
upon to do a court appearance, you will be
equipped to undertake your appearance
with confidence. Enjoy the experience. •
the spot, or that the orders be sent to you.
RENA SOLOMONIDIS
Request forms for authenticated orders are
is a lawyer at Cornwall Stodart.
Questions from the bench
generally available with appearance sheets,
JACQUICAUST
Inevitably, the judicial member will ask
from the associate or clerk, or online.
is a solicitor at Lewenberg & Lewenberg Solicitors.
a qualified lawyer can attend in your place.
you a question that you will not be able
It is always worth reviewing these orders as
to answer. If you do not know the answer
soon as possible, so you can communicate
do not guess or say: “I don't know”. You
any error to your opposing lawyer and to the
should ask to have the matter stood down
associate or clerk.
YOUNG LAWYERS JOURNAL
STEPHANIE RENNIE
is a solicitor at the Office of Public Prosecutions.
1.
s2.2.2(e)(f) Legal Profession Act 2004 (Vic).
2. Hubbard Association of Scientologists International
v Anderson and Just [1974] VR 340 at 341.
5