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Hearings in Civil Claims

Key information for litigants in person

Civil claims · Factsheet 14 of 17

Types of Hearings

  • Directions hearing: Instructions for case preparation
  • Case management conference: Discuss case management
  • Preliminary hearing: For small claims before trial
  • Application hearing: Deal with interim applications
  • Listing hearing: Discuss trial date and logistics
  • Final hearing (trial): Judge hears evidence and decides
  • Remote hearings: May be conducted by video/phone
  • Small claims: Often more informal, in judge’s room

Preparing for Trial

  • 1. Prepare opening submission (1-2 minutes)
  • 2. Organize your evidence and documents
  • 3. Familiarize yourself with witness statements
  • 4. Plan questions for cross-examination
  • 5. Prepare your witnesses for cross-examination
  • 6. Draft your closing submission
  • 7. Understand relevant laws affecting your case
  • 8. Arrange for any necessary interpreters

Trial Procedure

  • 1. Claimant’s opening submission
  • 2. Defendant’s opening submission
  • 3. Claimant’s witnesses give evidence
  • 4. Defendant cross-examines claimant’s witnesses
  • 5. Claimant re-examines their witnesses
  • 6. Defendant’s witnesses give evidence
  • 7. Claimant cross-examines defendant’s witnesses
  • 8. Defendant re-examines their witnesses
  • 9. Closing submissions (defendant then claimant)
  • 10. Judge’s decision and costs discussion

Key Tips

  • Arrive on time and dress appropriately
  • Speak clearly and use plain English
  • Address the judge as ‘Sir’ or ‘Ma’am’ if unsure
  • Take notes or bring someone to take notes for you
  • Listen carefully and don’t interrupt
  • Ask for clarification if you don’t understand something
  • Stay calm during cross-examination
  • Be prepared to ask for costs if you win
  • Consider enforcement options if judgment isn’t paid

Important Considerations

  • Failure to attend can result in losing the case and paying costs
  • You can usually bring a friend or family member for support
  • Prepare thoroughly, including reviewing all relevant documents and witness statements
  • Be ready to lead your case; the judge won’t do this for you
  • Practice your opening and closing submissions beforehand
  • Understand the process of enforcing a judgment if you win
  • Consider seeking legal advice or support if you’re unsure about any aspect of the process

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