How do I prepare for court?

Before court

Try to get legal advice as soon as you can before you go to court.

You can get free legal advice from your local Legal Aid office, Family Advocacy and Support Service or community legal centre. Some private lawyers offer you a free first appointment if you ask.

You may be able to get a lawyer who either works for Legal Aid or is paid by Legal Aid to represent you in your case.

Legal Aid will look at what type of case you have, how much you earn and what you own, like property or money, when it decides if they will pay a lawyer to handle your case. This is called getting legal aid. You can get legal aid even if the other side, like your ex-partner, is getting legal aid too.

To find out if you are eligible for legal aid, contact your local Legal Aid office.

Choose your State or Territory for services that can provide get legal advice.

You should receive information from the court via email if your matter is going to be in person, via telephone or via video link.

See I have fears for my safety at court – what should I do?

image of person providing support If it’s your first time at court for a family law case and you aren’t sure what to expect, contact your Family Advocacy and Support Service.

They have social and legal support to help you feel more prepared for court. They also have lawyers and support workers at some of the courts to help you on the day. Some courts also have other support services.

image of a helping hand If you have experienced domestic and family violence you may also be able to apply for compensation or support through a victim’s compensation scheme. Each State and Territory have their own scheme, they each have different names and different laws about what support they offer, time limits and who is eligible.

You can get legal adviceACTNSWNTQldSATasVicWA about this, or contact the victim’s compensation schemeACTNSWNTQldSATasVicWA where the domestic and family violence happened.

image of adult sitting with child The Family Courts generally don’t have child care. Try to organise for someone to look after your children when you have to go to court.

If you are in Western Australia, there are some child minding services at the Family Court in Perth. For more information, see the Family Court of Western Australia website.

On the day

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 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.

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.

Otherwise go to the courtroom and let the Court Officer know you are there. The Court Officer is usually near the courtroom before court starts to make sure people have arrived.

They will not take on your case as your lawyer every time you go to court. They can help with legal advice and some urgent applications.

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 Family Advocacy and Support Service.

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.

image of person giving evidence You might not appear before a Judge every time you go to Court. Sometimes you will appear before a Registrar, Judicial Registrar or Senior Judicial Registrar.

If you need to talk to the Judge, call them ‘Your Honour’. If you are talking to a Registrar or Senior Registrar, you can call them by their title.

Whenever you talk at Court you should always be polite.

If you have a lawyer, you will sit behind them in court and they will do the talking for you.

If you are representing yourself, stand up when the Judge or Registrar talks to you, and stand up when you talk to the Judge or Registrar. Stay seated when someone else is talking (like the other person or their lawyer).

Do not talk over the top of other people - especially the Judge or Registrar.

If you are worried about giving evidence, see I have to give evidence – what will happen?

Call the telephone number provided to you by the court and dial in the passcode. If you do not know the telephone number or passcode, you can either contact the Court, the Judge’s Associate or the National Enquiry Centre. You can also check previous Court orders on the Portal to see if they include this information.

Make sure you are somewhere quiet and confidential, where you will not be interrupted.

Be sure to dial in early.

Put your phone on mute until your matter is called.

Do not put your phone on hold as the court will hear the hold music.

Follow the instructions the Court has provided to join the video or TEAMS meeting. If you do not have access then contact the Court, the Judge’s Associate, or the National Enquiry Centre.

Be sure to be somewhere quiet and confidential, where you will not be interrupted. Try and sit somewhere with a neutral background, or consider blurring or choosing a background on TEAMS, if you do not wish for the other party to know where you are located.

Dress neatly and tidily like you are going to court.

If you want to, you can bow your head when the Judge enters.

You do not need to stand up when talking to the Judge on TEAMS.

Often when your case first goes to court, it will be adjourned. This means it will be postponed so a final decision can be made later.

If this happens, the court may make interim (temporary) orders which usually last until a final decision is made or a new interim order is made.

You may have to go to court several times before your case is finished.

Federal Circuit and Family Court of Australia – The First Court Event – Helpful Information
Federal Circuit and Family Court of Australia – Going to Court – Tips for your Court Hearing
Victoria Legal Aid – How to run your family law case

Video

Federal Circuit and Family Court of Australia – A Guide to the Courtroom