How will I find out about the hearing?
When will the hearing be held?
Who will preside at the hearing?
Where will the hearing be held?
What do I need to take to the hearing?
What will happen at the hearing?
What happens at the end of the hearing?
A hearing is a court case where a decision will be made about your case. It is a hearing ‘de novo’ which means it is a fresh or new look at all the issues in dispute.
How will I find out about the hearing?
At the end of the conference (or the directions hearing) you will be given a notice telling you the date, time and location of the hearing.
When will the hearing be held?
The hearing is generally held about six to eight weeks after the conference.
Who will preside at the hearing?
The hearing will generally be presided over by
The judge or commissioner who presided at the conference will not generally be involved in the hearing.
Generally cases are presided over by a judge or a full bench (rather than a commissioner) if they involve issues of law or if they are particularly complex.
Where will the hearing be held?
Often the hearing starts on site with a ’view’ – where the person or person presiding over the case, the parties, the parties’ lawyers (if there are any), and some court staff meet at the site and have a look around. The court will let you know if your case is going to start with a view. In a simple matter, often as little as an hour will be spent on site.
If there is no view, or after the view is finished, the case is usually heard in a court room in the Sir Samuel Way Building on Victoria Square in Adelaide.
Where it is more convenient, the court can decide to hold the hearing in a country town – usually in the court house, council chambers or town hall of the town closest to the subject of the dispute.
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A judge or commissioner (or in the case of a ‘full bench’, the judge and one or two commissioners) presiding over the hearing will sit at the front of the room at a high desk called ‘the bench’.
The judge’s or commissioner’s secretary and other court staff may also attend – usually sitting in front of the judge or commissioner at a lower desk.
Lawyers and parties representing themselves sit at a long table (the ‘bar table’) facing the bench.
A court reporter will also be in the court – either up the front of the court typing or behind a glass screen at the back of the court taping.
Other people (eg. parties being represented by a lawyer, witnesses, members of the public) will sit in the seats at the back of the court room. Some times witnesses may be asked to leave the court room and wait outside so that they don’t hear evidence given by others.
What do I need to take to the hearing?
You should have already provided the court with copies of all relevant documents. (See Preparing for the hearing)
You will need to take the originals to the court with you (and a copy for yourself).
If there are any documents you haven’t already provided to the court and to the other party you will need to bring these along (with copies for everyone – including the required number of copies for the court – two for a single judge or commissioner, four for a full bench).
You should also take along a pen and paper so that you can take notes if you want to.
What will happen at the hearing?
If there is an on site view, the judge or commissioner (or judge and commissioners in the case of a full bench) have a look at the site and surrounding area to get a better understanding of the case. The parties have an opportunity to point things that they want noted, things that they are likely to refer to during the hearing. The case is then adjourned – to resume in the court room.
Once the case is in the court room, the more formal part of the hearing starts. Court protocols apply. Court procedure can vary from case to case but generally the person who filed the appeal (the ‘appellant’) goes first. The appellant starts by explaining or ‘opening’ his or her case. The appellant may give evidence and may call other witnesses to give evidence. Each witness may be cross examined. Once all the appellant's witnesses have been called it is then usually the other party or parties turn – firstly to outline or ‘open’ their case and then to call their witnesses. Again all witnesses may be cross examined. Once all of the evidence has been given by all of the witnesses each of the parties is asked to ‘sum up’ or summarise their case to the court. The appellant’s summary is usually heard last. The court then generally adjourns.
Click here for a fact sheet on giving evidence. This explains how to give evidence from the witness box and how to question a witness yourself.
More information about the procedure at the hearing is available in the court’s Guide to representing yourself in an ERD Court hearing.
What happens at the end of the hearing?
After all the evidence has been given and the parties have summed up, the court will usually reserve (or defer) its decision. That gives the judge or commissioner (or commissioners in the case of a full bench) some time to think about the case and prepare a written decision. The decision (or judgment) is usually ready within six weeks of the end of the hearing.