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COURT TERMINOLOGY
Before you undertake any appearance, it is imperative to know which court you are appearing in, the ANCE RM PERFO member of the judiciary you are appearing before and the correct way to address them:
High Court Judge Your Honour Justice Crennan
Federal Court Judge or Registrar Your Honour (Judge) Justice Finkelstein Registrar (Registrar) Registrar Luxton
Federal Magistrates Court Federal Magistrate Your Honour Federal Magistrate Connolly
Supreme Court Judge Your Honour Justice Pagone
Supreme Court Associate Judge Your Honour Associate Justice Daly
County Court Judge Your Honour Judge Anderson
Magistrates’ Court Magistrate Your Honour Magistrate Smith
Children’s Court Magistrate Your Honour Magistrate Gibson
Victorian Civil and Member Sir/Madam Member Davies Administrative Tribunal mi mu iiiiiiiii iii 111 iiiiii iiiiii iii 111 iiiiiiiiiiiiiiiiiiiiiiiin 111 iii in mi mi mi mi mi mi mi mi mi mi mi mi mi ii mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi iimi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi iimi mi mi mi mi mi mi mi mi mi mi mi mi mi i
reasons for doing so. The associate or clerk by saying: “Your Honour, I do not have Consolidate any notes you have made during can usually provide you with an indication as instructions in relation to that point. If your the appearance with any other notes and to whether that application will be successful. Honour is willing to stand the matter down for a report back to your supervising solicitor and When the matter is called on in the court short time, I will seek instructions”. then to the client. or tribunal, make your application for leave You should then call the client or a colleague Transcripts verbally, along the lines of: “Your Honour, I for instructions. If the question can be You should ask your supervising solicitor seek leave to appear on behalf of the [plaintiff/ answered quickly, by asking your client whether a transcript of your appearance is defendant]. I am a trainee solicitor employed by (if present in court), your instructor or required. Depending on the court you are [firm/community legal centre/department]. the opposing lawyer, you may simply ask: appearing in and the type of matter you are I am familiar with this matter and my client “Your Honour, may I confer with my [client/ appearing in, the court may already have consents to my appearance in lieu of my instructor/friend] for a moment?” arranged transcript services that can be colleague who is unavailable.” After your appearance made available to you. Keep in mind that there is no limit on the At the end of your appearance, a In circumstances where you do need to judicial member's discretion to refuse to determination will be made by the judicial arrange a transcript, contact the court and ask grant leave and that they are entitled to member. This is known as an order. Be sure for their preferred supplier and contact them “demand that full technical assistance to write down the decision made - and the to arrange for a transcript of the matter. be provided for the court in its task of reasons for that decision - so that you can administering justice according to law”.12 Conclusion report it back to your supervising solicitor Generally, the higher the court and the more and then to the client. We trust that when you are next called complex the matter, the less likely it is that upon to do a court appearance, you will be Depending on the jurisdiction you are leave will be granted. Leave is usually only equipped to undertake your appearance appearing in, you may be able to request a granted for simple administrative hearings. If with confidence. Enjoy the experience. • copy of the orders of the judicial member on leave is refused, stand the matter down until the spot, or that the orders be sent to you. RENA SOLOMONIDIS a qualified lawyer can attend in your place. Request forms for authenticated orders are is a lawyer at Cornwall Stodart.
Questions from the bench generally available with appearance sheets, JACQUICAUST is a solicitor at Lewenberg & Lewenberg Solicitors. Inevitably, the judicial member will ask from the associate or clerk, or online. you a question that you will not be able It is always worth reviewing these orders as STEPHANIE RENNIE is a solicitor at the Office of Public Prosecutions. to answer. If you do not know the answer soon as possible, so you can communicate 1. s2.2.2(e)(f) Legal Profession Act 2004 (Vic). do not guess or say: “I don't know”. You any error to your opposing lawyer and to the 2. Hubbard Association of Scientologists International should ask to have the matter stood down associate or clerk. v Anderson and Just [1974] VR 340 at 341.
YOUNG LAWYERS JOURNAL 5