WA court etiquette: prepare for your hearing

Match the preparation to your situation

These practical starting points concern WA state courts. A particular notice, bail condition, court rule or judicial direction may require something different. Federal courts and tribunals have their own procedures.

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Use your papers to plan the day

Check your complete summons, notice, bail papers and any later orders. The Criminal Procedure Act distinguishes summonses, hearing notices, attendance and qualified written-plea procedures. It does not support one rule that every notice requires the same response or that every absence automatically produces a warrant.

The Magistrates Court preparation guide and Legal Aid WA court guide explain checking the list and telling the appropriate staff that you have arrived. Ask where to wait and listen for instructions. A witness may be told to wait outside until called; the correct arrangement depends on your role.

Allow extra time for security screening. The WA Government guide recommends telling security about a medical implant or disability that affects scanning. Follow lawful directions and raise a medical, access or safety concern promptly. The court-security legislation contains qualified powers and safeguards; it is not an unrestricted power for any employee to search everyone for any reason.

Check restrictions on belongings before travelling. Bring the documents and identification required by your notice or particular directions.

If you will be late or cannot attend, contact your lawyer and the court immediately, explain why and keep supporting evidence. Tell staff when you arrive. A call or pending application does not itself excuse attendance, adjourn the case or vary bail. Get advice about the consequences for your actual notice and orders.

Dress neatly and ask when you do not understand

The Magistrates Court etiquette factsheet asks for appropriate dress and identifies thongs, singlets and ripped attire as unsuitable. Practical preparation is neat clothing; there is no need to buy a suit. Raise religious, medical or disability-related needs early and follow the particular directions given.

Official court etiquette guidance describes acknowledging the court when entering or leaving and standing when the judicial officer enters or leaves, and when addressing the court. If standing or another task is difficult, tell staff or the judicial officer and ask about an arrangement. Follow directions about giving evidence or remaining seated.

Address a judge or magistrate as Your Honour. A registrar is a different office; use the appropriate title and ask staff if unsure.

Listen, wait for your turn and address the judicial officer. If you disagree, note the issue and raise it at the proper time rather than interrupting. If you cannot hear or do not understand a charge, question or direction, say so and ask for clarification.

Avoid eating, chewing gum and disruptive conversation. The Magistrates civil factsheet permits water provided in the courtroom, so an absolute ban on drinking is inaccurate. Ask staff about water or other needs rather than assuming every item or drink is permitted.

Disruption and refusing lawful directions can have serious consequences. A nervous mistake is not a reliable basis for predicting contempt, a particular penalty or the outcome of your case. Get advice if a conduct issue is raised.

Silent use, notes and recording are different

The current Magistrates direction, Supreme direction 3.1, District direction PDG 4 and Children’s Court direction contain specific permissions and exceptions. For an ordinary visitor, turn devices off before the sitting and ask before using them. A short phone-off sign is not the full rule for every participant.

Specified participants, including lawyers and self-represented litigants who are not in custody, may have limited permission for silent use without earphones while engaged in the case. The conditions and the judicial officer’s directions still apply. This is not an exemption from restrictions on photographs, filming, audio recording or publication.

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Permission routes differ between courts and can carry conditions or be withdrawn. Ask your lawyer or the relevant registry about the correct request. Bring a pen to note your own next date and directions, and obey any witness or confidentiality instructions.

Check both attendance and the supporter’s role

At an ordinary open hearing, a quiet supporter will usually sit in the public gallery. They cannot assume a right to sit with you at the bar table, address the judicial officer or act as your representative. Tell staff about the proposed support and ask what is permitted.

For criminal proceedings, Criminal Procedure Act sections 171–172 address open hearings, qualifications and representation. Court exclusion powers and statutory exceptions matter. A friend or relative who is neither a legal practitioner nor a person undertaking practical legal training needs exceptional leave to represent an accused; being trusted does not establish a right to speak.

If your supporter is also a witness, check whether they must wait outside. Safety concerns, non-contact orders and the particular hearing may affect attendance. Check the proposed arrangement with the court rather than assuming a supporter’s age settles whether they may attend.

The Children’s Court Act section 31 provides powers to exclude people; it does not establish that every Children’s Court hearing is closed to all public observers. Other restrictions and directions may apply. Ask the court about the particular hearing, and keep attendance separate from permission to publish identifying information.

Family Court hearings and conferences have their own arrangements. The Family Court remote-attendance guide requires approval before another person joins specified confidential conferences. Do not carry a general public-gallery assumption into a private conference.

Request help early and confirm what has been arranged

Contact your lawyer or the relevant registry as early as possible. Give the hearing date, case number, language and dialect, or communication, mobility or safety need. Ask who is responsible for arranging assistance, what information is needed and whether any cost applies.

The District Court interpreter circular CPG 5 distinguishes criminal court interpreting, civil arrangements and privately retained interpreters. Court interpreting is also different from translating documents or interpreting a private lawyer interview. Do not assume every service is free or immediately available.

For a criminal appearance, request the appropriate court interpreter rather than assuming a companion can take that role. The Family Court’s own guide has different arrangements, including a friend-interpreter option for undefended divorce. That specific option should not be generalised to every WA hearing.

The Magistrates assistance-animal direction has an approval and evidence process, ordinarily at least three working days beforehand, with a later-request procedure that may cause delay. It expressly does not apply to guide dogs. This direction is not an exhaustive statement of disability rights or a promise of immediate approval.

Confirm the arrangement before the day. If an expected interpreter or access measure is missing when you arrive, tell staff promptly and explain the difficulty before continuing without understanding.

Approval to join does not authorise recording or publication

Remote attendance depends on the court, hearing and any permission granted. Magistrates Practice Direction 2/2021 concerns covered civil proceedings and excludes restraining-order and extraordinary-driver-licence applications. Its procedures should not be treated as a universal criminal-court deadline or entitlement.

The Family Court guide separately explains requests, approval and preparation for phone or video attendance. Follow the instructions actually supplied, test the connection, use a suitable quiet setting and confirm who may be present. Permission to join remotely does not permit recording.

If you have not received approval, do not assume an application allows you to stay home. If an approved link or call fails, contact the court immediately and record what happened; technical difficulty does not automatically excuse non-appearance.

An open hearing does not make every detail publishable. The Children’s Court Act sections 35–36A (including section 36AA) contain qualified identification and reporting restrictions. Suppression orders and other statutory restrictions can also apply. Check the actual law and orders before sharing names, images, allegations or evidence.

A legal consultation, an AI conversation and a public post are different settings. Avoid sending sensitive papers to a general contact or AI service before checking the purpose, privacy terms and appropriate channel.

Prepare these eight items for your hearing

Keep the relevant papers together and the earliest required date at the front. Confirm what the court, lawyer or advice service actually needs rather than sending your entire file to every contact.

1. Your complete summons, hearing notice, charge papers, application or other initiating documents, including attachments.
2. The case number, correct court and venue, hearing date and time, and a contact number to use if delayed.
3. Bail papers, current orders and attendance directions, with obligations and any approved remote arrangement marked.
4. Relevant filed or served documents, a brief chronology and questions about what the hearing will decide.
5. Your lawyer’s details or advice-service enquiry, and a clear record of what work has and has not been agreed.
6. Confirmed interpreter, communication, mobility, assistance-animal or safety arrangements, and who to tell if they are missing.
7. Your supporter’s role, any witness instructions and any restrictions on contact, attendance or publication.
8. A lawful way to note the next date and orders. Check what you must do next, and obtain any necessary papers before leaving.

The platform privacy policy explains intake records and sharing. An AI conversation is not automatically privileged legal advice. Booking does not file documents, appear in court, vary bail or suspend time.

Official help and free legal information

Information, legal advice and representation are different services. Ask early and confirm eligibility, location, scope and capacity. Court staff can explain procedure and arrangements but cannot choose your legal strategy.

WA court etiquette questions

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