PREPARATION

Finding the law
Learning about self-representation
Presenting the facts of your case
Witnesses

Information about courts and tribunal, how they operate, and the laws you need to know may generally be found at a number of libraries; especially the State Library in Swanston Street, Melbourne and VLA's public law library at 350 Queen Street, Melbourne (see: "Libraries", in Chapter 1*1 The Legal System).

Apart from written material, there are other potential sources of help and advice. For example, there are community legal centre solicitors and workers; clerks and Registrars of courts and tribunals; the Victorian Courts Information Network workers; the Law Institute's Legal Referral Service (go to www.liv.asn.au and follow the links), and the VLA's solicitors and staff. See: Chapter 2*4 Advice Directory, for a list of community legal centres and VLA offices where you may obtain advice and assistance.

An important factor in preparing your case is knowing what the law is. The library is the best place to begin building a basic working knowledge of the law. (For other places to look for information about the law, see: "Finding the law", in Chapter 1*1 The Legal System.) You will need information about the following two different aspects of your case.

Finding the law

Firstly, you will need to read textbooks about the area of the law you are concerned with. General textbooks may direct you to other material you need to read, for example:

relevant Acts of Parliament;
cases reported in law reports; or
expert textbooks on particular points or types of law.

Learning about self-representation

Secondly, you may need to read textbooks on legal advocacy and rules of evidence in general.

If you are appearing in court in a contested hearing, you should familiarise yourself with some basic rules of evidence. A clear guide to this very complex area is Hampel on Advocacy: A practical guide to basics, by MG Perry, published by the Leo Cussen Institute, Melbourne, 1996.

Aside from legal books, information sheets and pamphlets are often available from government departments. Contact, for example, the State Attorney-General's Department, or a court or tribunal. While the information may be brief, it provides simple-to-follow and sometimes much-needed guidance. You may also attend the public law library at the Melbourne Office of VLA and request assistance from the library staff.

Presenting the facts of your case

Your effectiveness at a court or tribunal hearing will depend on your ability to recall and clearly state the facts of your case. Therefore it is important to:

write the facts down;
compile all the facts of the matter in an orderly manner. Pay attention to detail. The most common system to use here is to write things down in the order in which they happened (chronological order);
divide your facts into easily identified segments. This is important, because if for some reason you are not permitted to present one aspect of your case, you can then move quickly on to your next point; and
read through the facts you have written down and decide how you will put that fact to the court or tribunal. There are two ways of doing this; you either:
- give the evidence yourself in your own words; or
- call someone else to give the evidence; that is, you call witnesses.

Witnesses

A person who can provide direct information based on their own knowledge about a relevant fact in issue may be called as a witness. A "fact in issue" is a fact that is in dispute where the other side has a different opinion or perspective. Be careful when deciding to call a witness, your witness can be cross-examined by the other side and asked questions by the tribunal member or Magistrate and their answers may not be helpful to you.

Generally, there is only one way to "give evidence" to a court or tribunal. You stand in the witness box, take the oath or affirmation to tell the truth and then tell the court your information from your own knowledge and belief. The other party may then ask you questions about what you have told the court.

Written statements made by witnesses who do not attend court will not be acceptable. This is because the opposing party must have an opportunity at court to question, or cross-examine, your witnesses. You are given the same opportunity to question the opposing party's witnesses.

It is your responsibility to organise your witnesses to come to the court or tribunal. This must be arranged well in advance of the hearing date. Sometimes it is necessary to summons them formally, for example, to satisfy their employer that they are required to come, or because you think they might not turn up. Assistance with summonses or subpoena to witnesses can be obtained from the clerks and Registrars of the court or tribunal.

Check the cost involved in having witnesses come to court. Initially at least, you must pay the cost of bringing your witnesses to the hearing. If your witness is an expert, such as a doctor, or is losing income because of the time spent attending your case, you will probably have to pay a fee or reimburse your witness. You will need to negotiate this with your witness before the hearing day.

As a general rule, in court hearings the party that loses the case must pay the other party's costs. However, this is always a decision of the Magistrate and tribunal member that hears your case and you will have a chance to have your say about this issue. In most tribunals, however, this rule does not always apply, as usually each party is responsible for their own costs, regardless of the outcome of the hearing.