Before the day
- The response. A respondent files and serves a Response to Initiating Application, with its supporting documents, within 28 days of being served.
- The groundwork. Subject to safety and risk issues, including family violence, the court expects the parties to have complied with the pre-action procedures, identified the issues in dispute, discussed the steps needed, and tried to agree on them before the first court event. See before you file.
- How it will run. Court orders, or emails and letters from the court, usually show whether a hearing is in person or electronic. If the details have not arrived seven days before the listing, the court says you can ask it.
- Safety. The court asks to hear about safety concerns at least five days before a court event. See family violence and safety at court.
- Other arrangements. For needs such as regular breaks or an accessible courtroom, the court asks you to contact the registry handling your matter a week or more ahead of the hearing.
- Papers. Bring all documents relevant to your matter, with three copies of anything you want to show the judge or registrar: one for you, one for the other party and one for the court. Bring a pen and paper.
On the day, in person
- 45 minutes early
Arrive
The court suggests arriving at least 45 minutes before your hearing, to get through security, find the courtroom and allow for last-minute changes. The Brisbane registry opens at 8:45.
- At the door
Before you go in
Switch off your mobile phone and any other electronic devices. Take off any hat or sunglasses before going in, unless you wear them for a medical or religious reason. Food and drink are not allowed in the courtroom. Children under 18 cannot go into the courtroom, so the court asks people to make other care arrangements.
- Inside
Give your name and wait
Give your name to the associate or court officer, and tell them if you are representing yourself. Other cases may be listed the same day, so you may wait; stand when the court starts or takes a break.
- Your matter is called
Speak to the registrar
You will be directed to the bar table. Stand when you speak to the registrar or when they speak to you, and address them as “Registrar”; a judge is “Your Honour”. Speak clearly and do not interrupt; you will be given the chance to respond.
- At the end
Write down the orders
Listen to the reasons and write down the orders made, and ask for any you missed to be repeated or explained. Once finalised, orders are sealed electronically and can be downloaded from the Commonwealth Courts Portal.
Recording is prohibited. The court says audio and video recording, and taking photographs with phones, tablets or cameras, is not allowed on court premises without express approval, and that photos or recordings could be deleted and devices might be confiscated.
If the event is by video or phone
An electronic hearing is a proper court hearing and the same etiquette applies. The court asks people to join at least 15 minutes early, sit in a quiet and secure space, keep the microphone muted until speaking, and never put a phone hearing on hold. You do not need to buy software or a subscription to join a video hearing.
What the registrar looks at
The court’s practice direction lists the primary purposes of the first court event. In summary, the registrar will:
- see whether any orders can be made by consent
- check whether the parties have complied with the pre-action procedures and genuinely tried to resolve the dispute, unless it was unsafe, and if not, make provision for them to do so
- identify the issues in dispute and the steps needed to resolve them
- consider whether an interim hearing is needed
- consider whether the case suits dispute resolution at the court or outside it, or, if the parties consent, arbitration
- make orders for future steps, such as expert reports, subpoenas and the exchange of documents
- check whether adjustments or safeguards are needed, including a safety plan or interpreters.
In financial or property cases, the court also considers a timetable for exchanging outstanding documents and whether a single expert report is needed. Where the parties agree, the registrar may also make interim financial orders where appropriate.
If you cannot be there
Tell the court as soon as possible. The court warns: “If you are not at court at the time of your hearing and you don’t have a good explanation, the case could go ahead without you, and your application will probably be dismissed. Or, if you are the respondent, the case may be decided in favour of the other party and orders made against you, including orders to pay costs.” If the reason is serious illness, the court asks for a medical certificate or other documentation.
What usually comes next
The practice direction sets out the usual path after the first court event.
| Event | When, usually |
|---|---|
| Interim hearing, if needed | At an appropriate time, depending on urgency and the evidence needed |
| Dispute resolution, such as a conciliation conference | As soon as it can be held, and in most cases within 5 months of the case starting |
| Mention, if the case is unresolved and not in the Fast Track Hearing List | Not more than 2 weeks after dispute resolution |
| Compliance and readiness hearing | As close as possible to 6 months after the case starts |
| Final hearing | The court aims to start trials, where possible, within 12 months |
In financial cases, the court-based dispute resolution event is a conciliation conference, run by a Judicial Registrar trained in mediation and dispute resolution. Agreements reached there can be made into binding court orders. Cases can also settle along the way: where matters resolve before the compliance and readiness hearing, consent orders go to the registrar.
The court suggests that people who have never been to court may find it helpful to sit in a courtroom beforehand, as most hearings are heard in open court; ask the court if you are unsure whether a hearing is open. For free help on the day, see legal aid and free help in Queensland.