Going to court

Make sure you have all your documents organised and ready.

Bring a friend or family member as a support person if you want.

Take pens and a notebook so you can write notes.

You should dress neatly and tidily, like you are going to a job interview. Don’t wear a hat or sunglasses in the courtroom.

Try to get to court early so you can speak with your lawyer.

Be at least 15 minutes early and check which courtroom you need to go to.

Be prepared to be at court for most of the day. You may have to wait a while before your case is called. There may be other cases ahead of you.

Sometimes, your case will be in court quickly – usually to make a temporary decision or for the court to decide what should happen as the next step in your case. Other times, your case can be in court all day or for several days – usually to hear all of the evidence and for the court to make a final decision. You should talk to your lawyer about what to expect.

It is very important to go to court.

If you don’t go to court, the court may go ahead and make orders about your children without hearing your side of the story.

If you can’t go for a good reason you must call your lawyer or the court and let them know.

If you are very sick and can’t go, make sure you get a doctor’s certificate to prove this.

Let your lawyer know you have arrived so you can talk to them. If you don’t have a lawyer, you can ask court staff if there’s a ‘duty lawyer’ you can speak to.

There may be several courtrooms. Find out which court room your case is in and wait until your case called.

For more information, see resources.

Most courts have lawyers who can give you free legal advice on the day about your case. They are sometimes called ‘duty lawyers’.

In most States and Territories, you will be helped by a duty lawyer on the first day of court. A duty lawyer can give you advice about your legal options, and what you can expect to happen in court. They may be able to appear for you in court that day, help prepare court documents, and help negotiate on your behalf.

You don’t need an appointment, but if you need legal help, you should arrive early on your court date.

For more information, contact your local Legal Aid officeACTNSWNTQldSATasVicWA.

Turn your mobile phone off before you go into the courtroom.

If you want to, you can bow to the Magistrate as you enter and leave the courtroom. This is a custom that some people do to show respect for the court’s role and powers.