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YOUR DAY IN COURT - FINAL TRIAL

At the final Trial of your matter in Court, we will usually travel with you to Court on the first morning of the hearing either from our offices or from the Barrister's office.

Your matter will have been allocated to a Judge or Federal Magistrate who will hear your matter for the entire duration of the Trial.

The Trial will commence each morning at 10:00am and usually conclude at 4:15pm each afternoon.

The Court breaks for lunch between 1:00pm and 2:15pm.

The Barrister we have engaged in your matter will present and argue your case in front of the Judge or Federal Magistrate on each day of the Trial.

It will be necessary for you to attend personally with us on each day of the Trial.

During the Trial we will have the opportunity to cross-examine (ask questions of) your partner and any witnesses relied upon by your partner.

Likewise, your partner's Barrister will also be able to cross-examine you and any witnesses you rely upon during the course of the Trial.

Some important tips to remember when giving evidence at the final Trial of your matter are:

Speak clearly and audibly at all times;

Try to remain calm and relaxed in the witness box;

Listen clearly to the questions;

If you didn't hear a question, or don't understand, ask the Barrister to repeat the question;

Take time and think about each answer;

Don't get upset or agitated;

Don't try to second guess or outsmart the Barrister asking the questions;

Answer the question concisely and then stop talking and await the next question - don't engage in a long dialogue with the Barrister;

Don't be concerned if you feel that one of your answers is misleading or confusing, your Barrister will be able to re-examine (ask further questions) of you at the end of the cross-examination so as to clarify any ambiguous matters;

Maintain eye contact with the Barrister when he/she is talking to you or is asking you questions;

The Judge or Federal Magistrate may ask you a question from time to time. Look at the Judge or Federal Magistrate and answer the question clearly and concisely. Refer to the Judge or Federal Magistrate as "Your Honour".

We like you to be as prepared and relaxed as possible at the Trial and several weeks prior to the Trial, we will, together with your Barrister, advise you of the following matters:

The weaknesses and strengths of your case;

The need for you to read and be very familiar with your evidence;

Your demeanor and manner in Court;

The importance of listening carefully to questions and answering the questions clearly and truthfully;

Procedures and other peculiarities that you might encounter at the Trial.

At the conclusion of the Trial, our Barrister and your partner's Barrister will make final Submissions (either orally, written or both) and the Judge or Federal Magistrate will then retire to consider his/her decision.

On rare occasions a decision/judgment will be given almost immediately but usually it may take several weeks or even longer for a decision to be handed down by the Judge or Federal Magistrate.


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