[musical introduction] [image of the Court crest overlaid with the words ‘The Courtroom’]
[Heading: Why do we have Courts?]
[images of public rally, high profile public figures and media, celebrations] All kinds of disputes arise within our society. They involve individuals, companies, governments and their agencies. They can be of a criminal or civil nature. [images of court in session] The Federal Court deals almost entirely with disputes arising between private individuals and companies [image of “on country” hearing and Indigenous person] [image of high profile public figure] or individuals and governments commonly known as civil matters.
[image of judges arriving in court] [image of courtroom barristers’ table] While many cases that come before civil courts are settled by negotiation others will proceed to what is known as a trial or a hearing. [separate images of judges in Full Court hearing] This is where a court, that is a judge or a magistrate will be asked to hear evidence and be asked to make a decision to resolve the dispute.
[image of Justice Robert French]
Justice French – ‘Essentially what the court then does is hear the case which is presented by the party who is claiming to have some right which has been disregarded or some entitlement, hear a case, hear all the evidence, decide what the law is, apply the law to the facts as it finds them and then give a result. So it’s a way of having some independent third party decide disputes which people can’t work out for themselves.’
[Headings: court room layout, the roles, court protocols, court technology]
This DVD will explain the general layout of a courtroom, the various roles of the participants, the protocols that allow court business to be conducted efficiently and the role of technology.
[Heading: Court Layout]
[3 dimensional image of courtroom layout] This layout is common to most civil courts. The judge sits on a raised platform known as the bench facing the barristers, witness box and public gallery. Immediately below is a table where the judge’s associate sits. [image of associate handing documents to judge] The Federal Court adopts local state practices for its court layout so there is some variation in where the other participants sit. [image of court officer] The court officer wears a uniform. [image of court reporter] The court reported may wear headphones and be operating recording equipment. [image of counsel at bar table] Counsel or barristers sit at the bar table facing the judge. On one side will be the counsel representing the applicant, that is, the party that has brought the matter to court and on the other counsel representing the respondent, the party the applicant says is at fault. [image of instructing solicitors] Counsel will have their instructing solicitors located nearby usually at a separate table behind them but sometimes at the same table and with their backs to the judge.
[Heading: The Roles]
[Heading: Judge]
[image of judge entering court] The judge presides over the case and may ask questions of the parties or witnesses. [image of judge hearing case] The judge manages courtroom proceedings but does not deal directly with the parties other than in the courtroom.
[Heading: Associate]
[image of judge and associate discussing file documents] In the Federal Court the associate is legally qualified and a member of the judge’s staff. This person calls the matter at the beginning of the hearing, assists with management of the file and may communicate with the parties outside court on the judge’s behalf.
[Heading: Court Officer]
[image of court officer announcing and swearing in witness] The court officer opens the court, ensures water is available for the participants, collects appearance slips from the parties, announces when court is in session, keeps order in the body of the court, swears in witnesses and conveys documents from the bar table to the bench.
[Heading: Court Reporter]
[image of court reporter] [image of court proceeding] The court reporter is contracted by the court through a private company to record proceedings and note who is speaking so that a transcript can be provided to the Judge and to the parties.
[Heading: Counsel]
[image of counsel addressing judge in court] Counsel are lawyers who usually specialise in presenting cases in court. They are also known as barrister. In bigger cases an applicant will have both a junior and senior counsel representing their interests. Senior counsels are sometimes referred to as a QC, a Queens counsel or SC, Senior counsel or a silk because of the type of gown they wear.
[Heading: Solicitor]
[image of solicitor in court] A solicitor is a lawyer who specialises in representing and advising clients on all types of matters. [image of documents being handed up in court to judge] This person prepares draft document, arranges lodgement of the application and other documents with the court and organises counsel to appear in court on behalf of the solicitor’s client. [image of counsel] They usually sit close to their counsel so they can instruct them on their client’s wishes, assist with documents and the general running of the case. Sometimes a solicitor may represent a client in court instead of a barrister.
[Heading: Witness]
[image of a witness being sworn in court] A witness, or witnesses, give sworn or affirmed evidence during the course of the hearing. They may be an expert who’s called because of their specific knowledge in a particular area or someone who gives information about facts and events. [image of witness giving evidence] It is a criminal offence for a witness to lie under oath.
[Heading: Court Protocols]
[image of associate knocking to signal judge’s arrival] When court begins the associate knocks three times to signal the judge’s arrival and the court officer asks everyone to stand. [image of court officer and associate standing as judge enters court] When the judge reaches their seat the judge and those in court exchange bows as a sign of respect. [image of judge and those in courtroom exchanging bows] [image of court officer] The court officer then announces that court is in session and asks everyone to sit down. [image of judge in court] [image of associate] The judge will ask the associate to read the name of the matter and the file number before being seated.
[image of person arriving at court and bowing] When entering or leaving the court it is expected that everyone will face the bench and bow. [image of court officer rising to make announcement for adjournment] When the judge indicates an adjournment the court officer will rise and make the announcement. Everyone then stands and bows as the judicial officer leaves.
[image of judge and counsel in court hearing wearing gowns] During a trial or, what’s known in the Federal Court as a hearing, the judge and counsel wear gowns. [image of judge arriving to directions hearing; neither judge nor counsel wearing gowns] In the directions hearings that help parties prepare before the hearing, judges and counsel are not required to wear gowns. In the Federal Court judges and counsel do not wear wigs at any time.
[Heading: Courtroom Technology]
[image of technology courtroom] In complex matters involving many parties the Federal Court can use large courtrooms and the latest technology to aid in the effective running of a case. [images of video conferencing facilities] Given the national nature of the court’s work video conferencing is often used to link courtrooms in other states. It’s also used to take evidence from a witness who is away from the courtroom, for example overseas. [image of regional aircraft arriving in remote area] The court’s native title jurisdiction also means it is required to visit remote parts of Australia to hear cases. [image of “on country’ courtroom] Here the courtroom can be a beach, riverbank or desert plain support by satellite and wireless technology.
[Heading: Conclusion]
[image of judges arriving in court] We trust this DVD has given you a greater understanding of how a courtroom operates. [image of counsel] Anyone can observe what happens in a courtroom. [separate images of judges in Full Court sitting and courtroom in session] This ensures that the work of the judiciary is under constant scrutiny by the public, lawyers, legal schools and the media ensuring public confidence in the third branch of government.
[Closing image of Court crest overlaid with the words ‘Produced by the Federal Court of Australia, Public Information Unit, Melbourne, Australia, www.fedcourt.gov.au]
