Transcript
Location
We talk about the Magistrates Court as a single thing, but it operates in multiple locations across WA, called registries.
A full list of registry locations is available on the Magistrates Court website or from your local courthouse.
The registry you go to will depend on your case, but it is usually the one closest to where the cause of your claim occurred, for example the location of the business you bought the product from.
The registry will send you the time, date, and location of your hearing beforehand.
Time
Hearings usually start in the morning, but it’s best to free up the whole day.
The court process is very fluid, so it’s hard to estimate how long it will take as other cases will be listed at the same time as yours. You could be in and out in 30 minutes, or it could take a few hours. It can depend on the complexity of your case, or how easily you and the other party can agree on things, as well as the resources available to the court that day. There’s also a chance you’ll have to come back for another hearing if your case needs it.
Access
Each courthouse can support different access needs. Contact the registry ahead of time if you have needs like wheelchair access, accessible parking, hearing equipment, an interpreter or permission to bring a support person or animal, to make sure those needs are met.
What to wear
Now for the important question of what to wear. There is no dress code for court, but try to look neat, clean and respectable. If you’re not sure, wear something that would meet the dress standard of smart casual at a minimum.
When you arrive
When you arrive, you can ask the court staff where to go and what to do when you get there. Otherwise, there are electronic boards that show the day’s listings and which room each case is in. Look for your name and the room number next to it.
Inside the courtroom
Each courthouse has multiple rooms and the type of room you go to will depend on your case.
If it’s your first hearing for a minor case claim, you’ll be going to a courtroom for a status conference. The courtroom will have rows of seats and a raised bench where the magistrate sits. A court orderly will be waiting in the courtroom for you to check in. In a status conference, a magistrate looks at your case and decides what the next steps will be. The magistrate may even help to settle the case there and then.
There are some customs in a courtroom, such as addressing the magistrate as ‘Your Honour’, waiting for your turn to speak and, for those who are able, standing up when you speak or are spoken to. It’s also customary to bow to the magistrate if you enter or exit the courtroom during a hearing.
If it’s your first appearance for a general procedure case, you’ll be going to a meeting room instead of a courtroom for a pre-trial conference. Pre-trial conferences are private sessions used to resolve cases without a magistrate.
In a pre-trial conference, you can expect to be guided by the Registrar who is facilitating the session. You can address the Registrar as ‘Registrar’ and not ‘Your Honour’, as it’s not as formal as the courtroom.
If you forget these things, it’s okay. Just be honest, respectful and follow instructions.
The end of the day
At the end of your day in court, you might have an outcome for your case, or you might need to come back another time for a hearing on a future date. The court will make sure you’re aware of the next steps for your case, but don’t be afraid to ask questions if you’re not sure.
Sneak preview
You’re welcome to visit your local courthouse to get comfortable with the space at any time during open hours, the court staff can let you know if you are able to enter the court rooms at this time. This can be a great chance to ask questions about your court date ahead of time.
Open hours for each registry are available on the Magistrates Court website or from your local courthouse. Alternatively, you can call the registry with any questions you have about the ins and outs of court.
Conclusion
If you haven’t already, watch our other videos in this Going to the Magistrates Court in Western Australia series.
To better understand your consumer and rental rights, visit our website at consumerprotection.wa.gov.au or give us a call on 1300 30 40 54 or. Also see the video description for other helpful resources.