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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
Reviewed
August 2026
Source
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