Going to Court

This page contains information on all steps of the legal process for persons considering initiating proceedings or who are currently involved in legal proceedings. There is also practical information on representing yourself in court.

Factsheets

Queensland Courts

Before the hearing

• Alternative Dispute Resolution

• Alternative Dispute Resolution – Offers to settle

• Civil litigation in Queensland

• Class actions

• Cause of action

• Standing and involvement in legal proceedings

• Deciding to commence legal action

• Commencing court proceedings

• Applications in the Queensland Courts – a short guide

• Filing documents in the Queensland Courts

• Drafting a Statement of Claim – tips and examples

• Drafting a Defence – tips and examples

• Drafting an Affidavit

• Drafting an effective reply and answer

• Drafting an outline of argument or submissions

• Disclosure – practice and procedure

• Serving court documents

• Amending court documents – Queensland Courts

• Setting a civil trial date

• Court proceedings – making progress

• Dealing with lawyers on the other side of litigation

During the hearing

• Hearings in Queensland Courts – twelve tips

• Hearings in Queensland Courts – twelve tips (Spanish Translation)

• Hearings in court – commonly used words

• Court etiquette

• Representing yourself at trial – Queensland Courts

• Court supervision of cases

Orders and Enforcement

• Default and summary judgments

• Costs orders in Queensland Courts

• Enforcement of monetary decision of the Magistrates, District or Supreme Court

• Enforcement proceedings in the Magistrates Court: Information for debtors

• Enforcement of non-money orders and contempt

• Enforcement warrants – how to respond

Appeals

• Appeals in the Queensland Court of Appeal – how to bring an appeal

• Appeals in the Queensland Court of Appeal – how to respond to an appeal

• Appeals in the District Court of Queensland

Videos

• Video 1 – Starting a Court Case

• Video 2 – Defending a Court Case

• Video 3 – Disclosure and Proving Your Case

• Video 4 – Attending Court Hearings

• Video 5 – The Trial

Commonwealth Courts

Service

Service in the Federal Courts

During the hearing

• Hearings in the Federal Courts

• Amending court documents – Federal Courts

Fees

• Fee waiver guide – Federal Circuit Court

• Fee waiver guide – Federal Court

Time limitations

• Fee reductions in the Queensland Courts

• Time limits under the Uniform Civil Procedure Rules 1999 (Qld)

• Time limits under the Uniform Civil Procedure Rules 1999 (Qld) – additional requirements for corporations

• Time limits – calculating time

• Limitation periods

• Extensions of time

Enforcement

• Enforcement of a monetary decision of the Federal Circuit and Family Court

External resources

• Queensland Courts – Queensland Courts homepage.

• High Court of Australia – High Court of Australia homepage.

• Federal Court of Australia – Federal Court of Australia homepage.

• Federal Circuit Court of Australia – The Federal Circuit Court of Australia is a court that acts as an alternative to hear matters that would otherwise be heard in the Family Court of Australia or the Federal Court of Australia.

• Queensland Civil and Administration Tribunal – The Queensland Civil and Administrative Tribunal (QCAT) is an independent tribunal that solves disputes or provides review on a variety of matters.

• Court Network – Court Network is a Queensland and Victorian service aimed at providing support to people attending court.

Where to go for help

• LawRight is an independent, not-for-profit, community-based legal organisation that operates a civil law referral service for pro bono legal representation and direct legal services for particular disadvantaged client groups.For more information about the help available, and the process for applying for help, please see the LawRight website at www.lawright.org.au. LawRight’s Self Representation Service provides free legal advice and assistance to self-represented parties throughout the course of their proceedings in the Supreme and District Courts of Queensland, the Queensland Court of Appeal, the Queensland Civil and Administrative Tribunal and the Federal Circuit Court and Federal Court in Queensland. The Service is the only one of its kind in Australia, developed to meet a recognised need in all jurisdictions in which it operates.

• You may wish to approach a community legal centre for assistance. To find your nearest community legal centre, please visit the Community Legal Centres Queensland website at www.communitylegalqld.org.au. There are a number of community legal centres throughout Queensland that hold regular advice sessions.