Small Claims Tribunal / Local Court / Magistrates Court
Tips to help get you ready for your day in the:
- Small Claims Tribunal
- Local Court
- Magistrates Court
across Australia.
Go and check it out in advance
It will be a very worthwhile investment of your time to go to a sitting of the Small Claims Tribunal, Local Court, or Magistrates Court before the date of your trial and observe other trials in action.
Presenting your case
Have the originals and copies of any supporting documents you wish to present to the Small Claims Tribunal / Local Court / Magistrates Court. Have the documents well organised, in date order and even bound with a contents page (with page numbers if there are numerous documents) to hand to the Magistrate. Have an extra copy for yourself and a copy for each defendant.
You will be invited to present your case. This is as simple as telling the facts as clearly as you can, in a logical way.
Your evidence
Remember, your evidence must be “your evidence”. If you don’t know something directly, that is a good sign you need someone else to tell that part of the story. You need them as a witness or at least an Affidavit from them.
Questions
The Magistrate will probably ask you questions. Answer them as clearly as possible. If you don’t know the answer, don’t be tempted to “shoot from the hip.” There is no reason why your response in this case can’t be, “I cannot recall, your Honour”.
Credibility
If you are at trial, it means that the defendant, at least from his/her perspective, has a different story. At the end of the day the Magistrate will be weighing the evidence and deciding who to believe. A significant factor here is how believable you are. Straight talking and staying with the relevant issues (rather than going off on tangents) is important. Additionally, avoid becoming emotional - this can cloud the objective facts, which is really all the Magistrate is interested in.
This material is extracted from our:
Preparing For Your Day In Local / Magistrates Court / Small Claims Tribunal LawPack (for all States & Territories in Australia)
The LawPack provides much more detail and also covers:
- Register your attendance with the Clerk of the Court
- You will be called in when it is your turn & time to allow
- How to speak
- Witnesses
- Affidavits
- Attachments & Exhibits to Affidavits
- Cross-Examination
The LawPack also includes:
- Precedent Affidavit to use to place evidence before the Court / Small Claims Tribunal (Word)
- Precedent Exhibit Marking (Word)
- Detailed guidelines about the presentation of your case and getting your evidence before the Court / Small Claims Tribunal and when to use the above document(s)
This LawPack is another resource supplied by www.onlinelegal.com.au