Court Etiquette in Victoria

This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.

When in court in Victoria, all attendees are expected to show respect to the court system and to the magistrate or judge. This is done by respecting the rules of court etiquette. A person may be asked to leave if they do not follow the rules of etiquette. In extreme cases they may even be charged with contempt of court. This article outlines court etiquette in Victoria.

Understanding proper courtroom behaviour is essential for anyone appearing before Victorian courts, whether as a defendant, witness, or observer. The Victorian court system operates under strict protocols designed to maintain order and respect for judicial proceedings. Failure to observe these protocols can result in serious consequences, including being held in contempt under the Magistrates' Court Act 1989 or the County Court Act 1958.

Getting ready for court

It is important to attend court on time. To ensure you are on time, check the date, time and location of your court matter on the Victorian Courts website. You should arrive early so you have adequate time to find the courtroom and are prepared for any changes. However, it is important to be aware that your matter may not be heard at the time it is listed for. Depending on the length of the court list, you may be required to wait for some time until your matter is reached. It is always wise to come to court prepared to be there all day. This means ensuring your car is parked somewhere without a time limit and that arrangements are made for care of children.

Preparing your documents and evidence

Before attending court, ensure you have all necessary documentation organised and easily accessible. This includes any court orders, legal correspondence, identification documents, and evidence relevant to your matter. Bring multiple copies of important documents as the court may require them. Consider using a folder or document wallet to keep papers neat and professional-looking.

Understanding the court layout

Court hearings in Victoria are generally open to the public unless it is a matter with special circumstances. You may attend an open hearing to familiarise yourself with the court process before your own proceeding. If you attend, you should sit in the gallery at the back of the courtroom.

Prior to attending, you can check the daily listings of court hearings open to the public on the Victorian Courts website or ask registry staff at the courts.

Familiarising yourself with the courtroom layout can help reduce anxiety on your court date. The bar table is where legal representatives sit, the dock is where defendants may be seated, and the witness box is where witnesses give evidence. Understanding these areas will help you navigate the courtroom appropriately.

What to wear to court

The dress code at courthouses requires a person to dress smartly and neatly. The following is appropriate attire for court:

• conservative coloured clothing (dark colours and white)
• business wear (though this is not essential)
• collared button up shirt (make sure it is buttoned modestly)
• long pants or a skirt at or below your knees
• clean shoes with closed toes
• if you have to go to court and do not have a lawyer, you should wear a jacket if possible.

What not to wear to court

Certain clothing items are inappropriate for court appearances and may result in being denied entry or asked to leave. Avoid wearing shorts, thongs, singlets, revealing clothing, clothing with offensive slogans or images, and excessive jewellery. Bright colours, casual wear such as tracksuits or hoodies, and any items that may be considered disrespectful to the court should also be avoided.

Special considerations for different types of hearings

While general dress standards apply across all Victorian courts, some hearings may require more formal attire. For serious criminal matters or Supreme Court appearances, more formal business attire is strongly recommended. If you're unsure about appropriate dress for your specific matter, consult with your legal representative or contact the court registry for guidance.

How to behave in the courtroom

You should behave respectfully in the courtroom at all times as you would in any other formal setting such as a workplace or educational institution.

You should:

• sit quietly unless called upon to speak by the magistrate or judge
• turn off all mobile devices
• refrain from eating or drinking
• refrain from recording or publishing any part of the proceeding, including adding to social media
• take off hats or sunglasses before entering the courtroom.

Managing emotions and reactions

Court proceedings can be emotionally challenging, particularly in criminal law matters. It's important to maintain composure regardless of what is said or decided. Outbursts, interruptions, or emotional displays can be seen as contempt of court and may negatively impact your case. If you feel overwhelmed, speak quietly to your legal representative or ask for a brief adjournment if necessary.

Interaction with other parties

Avoid any direct communication with opposing parties, witnesses, or their legal representatives while in the courtroom. All communication should go through your legal representative or be directed to the court. This includes avoiding gestures, facial expressions, or any behaviour that could be interpreted as intimidating or inappropriate.

How to behave towards magistrates and judges

The judge or magistrate directs the processes in the court and sits at the front of the courtroom. There is a strict code as to how you behave towards the magistrate or judge. You should:

• address the magistrate or judge as 'Your Honour'
• nod your head at the magistrate or judge when entering or exiting the courtroom
• stand silently whenever the magistrate or judge enters or exits the courtroom
• stand whenever the magistrate or judge speaks to you
• listen to and follow any directions given by the magistrate or judge.

Speaking to the court

When addressing the court, speak clearly and respectfully. Wait for permission before speaking, and never interrupt the magistrate or judge. If you don't understand something, politely ask for clarification by saying "Your Honour, could you please clarify..." or "I'm sorry Your Honour, I don't understand..."

How to leave the courtroom

When you leave the courtroom, court etiquette in Victoria requires that you bow your head in the direction of the judicial officer as a sign of respect.

Before leaving, ensure you have gathered all your belongings quietly and haven't left any documents behind. Wait for an appropriate break in proceedings rather than leaving during important testimony or legal argument. If you must leave during proceedings due to an emergency, move as quietly and unobtrusively as possible.

Mobile devices and technology in court

Electronic device policies

All mobile phones and electronic devices must be turned off or switched to silent mode before entering the courtroom. The use of devices for texting, calling, or internet browsing during proceedings is strictly prohibited and may result in contempt of court charges under Section 157 of the Magistrates' Court Act 1989.

Recording and photography restrictions

Recording, photographing, or livestreaming court proceedings is illegal in Victoria without specific court permission. This includes audio recordings, photographs, and video recordings. The Open Courts Act 2013 governs these restrictions and violations can result in significant penalties. Even having recording equipment visible may be problematic, so ensure all devices are properly stored away.

Consequences of breaching court etiquette

Contempt of court proceedings

Serious breaches of court etiquette may result in contempt of