Court Etiquette in WA

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.

Anyone who attends court in Western Australia needs to show respect for the courts system by behaving appropriately. This includes dressing neatly, being punctual and observing conventions such as bowing when entering and exiting the court room. If this standard of behaviour is not shown, a person may be asked to leave the court or may even be charged with contempt of court. Court etiquette applies equally in civil matters and in criminal matters.

Understanding proper courtroom decorum is essential for anyone appearing before Western Australian courts, whether as a defendant, witness, victim, or observer. The formal nature of legal proceedings requires adherence to established protocols that demonstrate respect for the judicial system and ensure proceedings run smoothly and efficiently.

Be prepared for court in Western Australia

Familiarising yourself with court procedures

When attending court in Australia, you should make yourself aware of what to expect. To familiarise yourself with the court etiquette in WA, it is suggested to attend court prior to your own court matter. Courts in WA are open to the public unless there are special circumstances which make it a private hearing. If you attend court, sit quietly at the back of the court in the public gallery to observe. You can find listings of the court proceedings on the Western Australia Courts website or the courts' notice boards. Alternatively, you can ask registry staff at the courts.

Observing court proceedings beforehand allows you to understand the formalities, witness how others interact with judicial officers, and become comfortable with the courtroom environment. This preparation can significantly reduce anxiety and help you present yourself appropriately when your matter is heard.

Arriving on time and court scheduling

You should ensure you are ready for your own court matter by arriving on time. It is recommended to arrive earlier to find the courtroom and to anticipate any changes to your court matter. You should check the date, time and location of your court matter on the Western Australia Courts website prior to your hearing. However, you should also be aware that your matter may not be heard at the precise time it is listed for. Depending on how long the court list is and how matters are prioritised, you may need to wait until later in the day before your matter is dealt with. It is a good idea to come to court prepared to be there all day.

Plan to arrive at least 30 minutes before your scheduled time to allow for parking, security screening, and locating the correct courtroom. Bring any necessary documents, identification, and contact details for your legal representative if you have one.

Dress code for court in Western Australia

Appropriate courtroom attire

In Western Australian courts, the dress code is tidy and conservative. The following recommendations of what to wear to court is what is generally acceptable as proper court etiquette in WA courts:

• Subtle coloured clothing such as dark colours and white;
• A suit, although this is not essential;
• Collared button up shirt making sure to buttoned it up to an appropriate point;
• Pants or a skirt at or below knee level; and
• Clean closed in shoes.

Your appearance in court creates an important first impression and demonstrates respect for the legal process. Well-groomed appearance with minimal jewelry and subtle makeup (if worn) further reinforces your serious approach to the proceedings.

Inappropriate clothing items

The following are examples of what is not be acceptable in court:

• Sleeveless tops;
• Pants or skirts that are above knee level;
• Open toe shoes such as thongs or sandals;
• Sunglasses; and
• Hats or caps.

Additionally, avoid clothing with offensive slogans, excessive jewelry, strong perfumes, or any attire that might be considered distracting or disrespectful to the court proceedings.

Entering and leaving the courtroom

When you enter and leave the courtroom, it is customary and good court etiquette to bow at the Coat of Arms behind the judicial officers as a sign of respect. This traditional practice acknowledges the authority of the court and the rule of law. The bow should be a simple, brief nod of the head rather than an elaborate gesture.

Wait for appropriate moments to enter or leave the courtroom, avoiding interrupting proceedings. If the court is in session when you arrive, wait for a natural break or seek permission from court staff before entering.

Standard of behaviour in the courtroom

Courtroom conduct expectations

Court etiquette in WA also requires a certain standard of behaviour to followed. This standard of behaviour in the courtroom should be followed in court as it is a place of respect and formality. The following are examples of the standards of behaviour expected in the courtroom:

• Sit silently unless called upon by the magistrate or judge (judicial officer);
• Follow the judicial officer's instructions;
• Address the judicial officer as 'Your Honour';
• Turn off all audio and/or mobile devices;
• Refrain from eating or drinking;
• Refrain from taking photos, recording or publishing any part of the proceeding.

Communication protocols

When addressing the court, speak clearly and respectfully. Stand when speaking unless instructed otherwise, and wait to be acknowledged before speaking. If you don't understand something, politely ask for clarification rather than remaining confused about court directions or procedures.

Never interrupt judicial officers, lawyers, or witnesses while they are speaking. Maintain composure even if proceedings become stressful or emotional, as outbursts can result in removal from the courtroom or contempt of court charges.

Understanding contempt of court in Western Australia

Contempt of court is a serious matter governed by various pieces of legislation in Western Australia, including the Criminal Code Act 1913 (WA). Contempt can occur when someone disobeys court orders, disrupts proceedings, or shows disrespect to the court that undermines its authority.

Examples of contemptuous behaviour include using mobile phones during proceedings, speaking out of turn, refusing to follow court directions, or displaying disruptive behaviour. Penalties for contempt can include fines, imprisonment, or both, depending on the severity of the conduct.

The Supreme Court Act 1935 (WA) and District Court of Western Australia Act 1969 (WA) provide courts with powers to maintain order and ensure proper conduct during proceedings. Understanding these consequences emphasises the importance of following proper court etiquette.

Special considerations for different court types

Magistrates Court etiquette

The Magistrates Court of Western Australia handles many criminal law matters and has specific protocols. These courts often have higher volumes of cases, so efficiency and respect for time constraints are particularly important.

District and Supreme Court protocols

Higher courts may have additional formalities, including more ceremonial aspects and stricter adherence to traditional protocols. In these courts, legal representation is more common, and procedures may be more complex.

Family Court proceedings often have modified protocols designed to be less intimidating, particularly when children are involved. However, the same fundamental principles of faqs: - question: 'What happens if I don''t follow proper court etiquette in Western Australia?' answer: 'You may be asked to leave the courtroom or even be charged with contempt of court if you fail to follow proper court etiquette in WA. The courts take breaches of courtroom decorum seriously as they undermine respect for the judicial system. This applies equally whether you''re attending for criminal or civil matters. Proper behaviour includes dressing appropriately, arriving on time, bowing when entering and exiting, and maintaining respectful conduct throughout proceedings.' - question: 'Are there specific dress code requirements for criminal court appearances in WA?' answer: 'Yes, Western Australian criminal courts require neat, formal attire that demonstrates respect for the judicial system. Men should wear suits or dress shirts with ties and formal trousers, while women should wear business attire, dresses, or formal blouses with skirts or trousers. Avoid casual clothing like shorts, thongs, singlets, or revealing outfits. Proper dress can positively influence how you''re perceived by magistrates and judges during criminal proceedings.' - question: 'How much does it cost to get legal advice about court etiquette and criminal law matters in WA?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 for criminal law matters in Western Australia, including advice on court etiquette and procedures. This consultation covers guidance on proper courtroom behaviour, what to expect during your hearing, and how to present yourself appropriately before the court. Professional legal advice ensures you understand both the substantive law and procedural requirements for your specific criminal matter in WA courts.' - question: 'How can a criminal lawyer help me prepare for court appearance and etiquette in WA?' answer: 'A criminal lawyer can provide comprehensive preparation including coaching on proper court etiquette, explaining courtroom procedures, and helping you understand what behaviour is expected. They''ll guide you on appropriate dress, how to address judicial officers, when to stand or bow, and how to present your case respectfully. Your lawyer will also prepare you for questioning, explain the hearing process, and ensure you comply with all courtroom protocols to avoid contempt charges.' - question: 'How far in advance should I prepare for my criminal court hearing in WA?' answer: 'You should begin preparing for your criminal court hearing as soon as you receive your court notice or summons. Check the Western Australia Courts website immediately to confirm dates, times, and locations, as these can change. Arrive at least 30 minutes early on the day to locate your courtroom and account for any last-minute changes. Consider observing court proceedings beforehand to familiarise yourself with proper etiquette and reduce anxiety about the process.' ---