The Law Handbook 2024

82 Section 2: Getting help pro-active in trying to resolve your case. There are times when it is not appropriate or it is prohibited (not allowed) for you to contact the other party directly (e.g. if your case is a family violence matter and there is a court order prohibiting the parties from having contact). You must not breach a court order or otherwise break the law, even if your reason for doing so is to negotiate your legal matters. The court hearing To ensure that your presentation to the court is the best that you can give, remember the following: • There are no fixed rules about what to wear, but a neat and tidy appearance is more likely to create a positive impression. Your head and eyes should not be covered by a hat or sunglasses, unless this is necessary for religious observance or due to a medical condition. • Make sure your phone is turned off so it doesn’t disturb any hearings. • If you are speaking to a magistrate or judge, you should address them as ‘Your Honour’. If you are speaking to a judicial registrar, you should address them as ‘Judicial Registrar’. If you are speaking to a VCAT member, you should address them as ‘Madam’ or ‘Sir’. • Try to remain polite and courteous, even when under stress – being rude or abusive will not persuade the magistrate of the value of your case. • Listen carefully to what is being said by everyone in the room, so that you can respond accurately. • Listen particularly carefully to the magistrate or tribunal member, so you can answer any questions they ask you. It will not usually be helpful to push ahead with an argument just because you have prepared it in advance. You need to listen and respond to what the decision-maker wants to know. • Take notes during the hearing to help you to remember what was said, when it was said and who said it. • Only one person may speak at a time. If you are not sure whether or not it is your turn, simply ask, ‘May I say something, please?’ This will ensure that you have your say, at the appropriate time. • Make sure you respond to the arguments made by the other side. Address each argument separately and refer to the notes you have made during the proceeding. • Communicate clearly – you need to speak clearly and present your arguments in a logical, step- by-step way. You will not persuade the court by talking about things that do not relate to your case. • Always feel free to tell the magistrate if you have further information that you believe is relevant to your case that they have not yet heard, or to request a brief break. The magistrate calls this ‘standing the matter down’. Note that you are allowed to have a friend or support person present at the court hearing; they can support you by taking notes and giving you quiet advice. Your friend is not permitted to appear for you, and may not advocate for you. In other words, you must do the talking and arguing yourself. Representing yourself in a criminal case in the Magistrates’ Court Get advice first You should seek legal advice if you are charged with a criminal offence. People charged with a criminal offence who cannot afford a lawyer are usually eligible for at least initial free advice from a legal service. Sometimes, duty lawyers at court may be able to assist you on the day of your hearing, but always try to get advice before your court day (see ‘Duty lawyers’ in Chapter 2.2: How Legal Aid can help). It is important to remember that all court hearings are open to the public and recorded, so anything you say during the hearing can be retained on the court record. Consider non-legal support Sometimes it might be in your best interest to engage non-legal support. For example, you might be struggling with homelessness or mental health issues, or you might benefit from engaging in family violence counselling. The Magistrates Court of Victoria has a service called Court Integration Services Program (CISP) and Navigation and Triage (NAT) that can help you with non-legal issues in your life. It can also refer you for support if you are experiencing or