WA Magistrates Court Etiquette — What to Do and Say at Your Hearing

Walking into a courtroom for the first time is intimidating. Minor case hearings in the WA Magistrates Court are deliberately informal — no wigs, no robes, no jury — but there are still protocols that matter. Getting them right signals that you take the process seriously, and it keeps the hearing running smoothly.

How to Address the Magistrate

Call the Magistrate "Your Honour." "Sir" or "Madam" are also accepted forms of address. If you slip up, nobody will hold it against you, but "Your Honour" is a correct form and using it consistently shows you've prepared.

When the Magistrate enters or leaves the courtroom, stand. Everyone entering or leaving while court is in session is expected to bow to the Magistrate.

What to Wear

There is no formal dress code for minor case hearings, but the general rule is clean, neat, and respectful. Business casual works — closed shoes, collared shirt or blouse, trousers or a modest skirt. No thongs, no singlets, no hats inside the courtroom.

You are asking someone to award you money. Looking presentable doesn't change the legal merits of your case, but it signals that you respect the process. Magistrates notice effort.

Speaking in the Courtroom

Wait until the Magistrate invites you to speak. Minor case hearings follow a structured sequence: the claimant presents first, then the defendant responds. Resist the urge to interrupt when the other side is talking — you will get your turn to respond.

When you do speak:

• Stand when addressing the Magistrate. Sit only when told you may.
• Speak clearly and at a measured pace. The Magistrate may be taking notes by hand.
• Direct your comments to the Magistrate, not to the other party. Say "Your Honour, the defendant's invoice was due on 15 March and remains unpaid," not "You know you owe me that money."
• Avoid emotional language. "The contract was breached" is stronger than "they ripped me off." Stick to facts, dates, and documents.

Using Your Evidence

Refer to your evidence bundle by tab or page number. If you have prepared a paginated evidence folder (contracts at Tab 1, invoices at Tab 2, text messages at Tab 3) and exchanged the documents as directed, bring copies for yourself, the court and the other party. Hand any document you are tendering to the court orderly, then say something like: "Your Honour, if I could direct your attention to Tab 2, page 4 — this is the invoice dated 8 January showing the outstanding balance."

The Magistrate may ask you questions about your evidence. Answer directly. If you don't know the answer, say so — guessing undermines your credibility.

Cross-Examination

When the other side or one of their witnesses gives evidence, the Magistrate will allow you to ask questions. This is cross-examination. Keep it focused:

• Ask questions that highlight factual inconsistencies: "You said you completed the work, but this photo at Tab 3 was taken on 20 February and shows the site untouched — can you explain that?"
• Don't argue or make speeches disguised as questions. "Isn't it true that you're a liar?" achieves nothing.
• If you have no questions, it is perfectly fine to say "No questions, Your Honour."

Mobile Phones and Recording

Switch your phone off before entering the courtroom. Recording proceedings — audio, video, or photographs — is prohibited without the court's express permission. Taking notes on paper is fine.

What Happens If You're Late

Arrive at least 15 minutes early. If you are the claimant and you don't show, the Magistrate may dismiss your claim. If the defendant doesn't show, you may be able to proceed and obtain judgment in their absence.

If something genuinely unavoidable will make you late, contact the court registry as early as possible and explain the situation. The registry phone numbers are on the listing notice you received.

The Status Conference Is Different

If your hearing is actually a status conference (the first appointment after the defendant files a defence), the format is more relaxed. Status conferences are private, run by a Registrar rather than a Magistrate, and focused on whether you can settle. Everything said is "without prejudice" — meaning it cannot be used against you at trial. The aim is to resolve the dispute without a hearing, and if that fails, to set directions for the trial.

For a full walkthrough of the minor case hearing process — from what to bring to what happens after the Magistrate's decision — the WA Minor Case Claim Guide covers each stage with preparation checklists.

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