The Law Handbook 2024

78 Section 2: Getting help you must do by contacting the court or tribunal and asking the staff via phone or email. Keep notes of any discussions you have with court staff (e.g. who you spoke to, the date and time, and what you were advised to do). NOTE: ATTENDING COURT AND COVID-19 During COVID-19, courts and tribunals across Victoria developed processes to handle cases remotely by using online video conferencing, by allowing some people to attend hearings via telephone, and by dealing with some cases ‘on the papers’ (this is where written documents are submitted to the court or tribunal by both parties and the court makes a ruling based only on these documents). However, most matters now require the parties to physically attend hearings. In certain circumstances, for example if you live in a remote location or live with disability, you may be able to request to appear remotely, but it is important you seek permission from the court first. Before the court hearing: Preparing to represent yourself at a hearing Find out about the court or tribunal When preparing to self-represent, ask or read about the court or tribunal you are going to appear in. You can speak to the staff of the relevant court or tribunal. If possible, visit the relevant court or tribunal and observe other hearings; this will give you a good idea of how your case may be conducted. Pay attention to the kind of language used and find out the meaning of any words you do not know. Take notes of the procedures and roles of different people. If you are familiar with the court’s procedures and atmosphere beforehand, presenting your own case may not be as stressful. It might also help to read the Act of parliament that regulates the particular court or tribunal, so you know what its powers are. It is also important to remember that magistrates and other judicial officers hear from self-represented parties every day and have experience in how to run matters smoothly and fairly in those circumstances. Court procedures and rules All cases that come before Australian courts are decided according to what is called the ‘adversary’ system. Under this system, the judge or magistrate plays the role of an independent arbiter who decides issues of law without favour or prejudice. The term ‘adversary’ refers to the nature of the trial process, which pits two parties against each other in a ‘contest’ that aims to test the opposing arguments and evidence. The adversary system is based on the idea that the best outcome is reached by weighing up powerful arguments on both sides of the question, and deciding which side is more convincing based on the evidence presented. For the adversary system to be fair and consistent, both parties must follow strict procedures and rules. Each court in the hierarchy has its own rules, which must be understood and followed. If you do not understand these rules, it may be difficult for you to present your case in the court, especially if the other side has a lawyer to help them. It is important to comply with these rules; for example, if your case is adjourned because you have failed to prepare the documents properly and on time, you might have to pay the other party’s legal costs. Tribunals are less formal and less adversarial than courts; the procedures and rules at tribunals are also less strict. All this makes it easier for an individual to present their own case. If you are representing yourself, you may receive some guidance from the judge or magistrate – or from the decision-maker at a tribunal – about what happens in the court or tribunal and the procedures you must follow. However, they cannot advise you about the best way to present your case and they have no duty to protect your best interests. If you are representing yourself, you must decide how to present your case, based on your wishes, the preparation and research you have done, and any legal advice you have sought. Find the law and other legal information When preparing to self-represent, you need to read about the relevant area of law. This could include reading: • the relevant Acts of parliament (i.e. legislation); • cases reported in law reports that show how the law is applied to particular factual circumstances;