DON'T GET COURT SHORT

A guide to the presentation of cases by

Property Managers in the Magistrates Court

PRESENTED BY JENNY McKENZIE OF

McCALLUM DONOVAN SWEENEY,
REIWAS RETAINED SOLICITORS

McCallum Donovan Sweeney

Level 2, Irwin Chambers
16 Irwin Street
PERTH WA 6000
Phone: 9325 9353 Fax: 9221 2220
E-mail: mds@mdslaw.com.au
Internet: www.mdslaw.com.au

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DON'T GET COURT SHORT

A guide to the presentation of cases by Property
Managers in the Magistrates Court

BY JENNY McKENZIE OF
McCALLUM DONOVAN SWEENEY, REIWAS RETAINED SOLICITORS

INTRODUCTION

1.

The effective presentation of cases in the Magistrates Court, whether

appearing for an applicant or respondent, involves the application of
the 4 Ps:

2.

1.1

Punctuality

1.2

Preparation

1.3

Presentation

1.4

Precision

These principles can be expressed by one further P word that is being

professional. They are essential to the effective presentation of cases
in court.

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3.

Most matters in which Property Managers are likely to appear will be

heard by either a Registrar or a Magistrate. For the present purposes I
will simply refer to the Magistrate, but please bear in mind that the
relevant judicial officer may be a Registrar or even a Judge.

4.

This seminar's focus is on the practical not the legal. Therefore, this
presentation will not cover:
4.1

Legislative provisions

4.2

The jurisdiction of the Magistrates Court

4.3

Circumstances in which a Property Manager can appear before

the court

4.4

Procedure and powers of the Magistrates Court

4.5

Form of applications and other documents

4.6

Witnesses and inspection of documents

4.7

Conciliation and settlement negotiations

4.8

Enforcement of orders

4.9

Costs

4.10

Appeals

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PUNCTUALITY

5.

The first rule in being professional in the presentation of cases in the

Magistrates Court is to be punctual.

6.

Punctuality is an important aspect of showing the court respect. Be

ready to start on time.

7.

Cases commenced pursuant to the Residential Tenancies Act in the

minor claims jurisdiction of the Magistrates Court, which is the
jurisdiction in which Property Managers may obtain leave to appear,
will usually be listed for hearing very shortly after filing.

8.

The court will usually list a claim on a number of occasions for

directions and then for hearing. Whenever you are notified by the court
of any listing date and time put that information in your diary as soon as
it is received.

In terms of punctuality, there is nothing worse than

failing to show up to court because you forgot to diarise the hearing,

incorrectly diarised the hearing or simply relied on your memory as to
when and where the matter was listed.
9.

It is good practice to telephone the court the day before the matter is
listed to double check the time of the hearing and the court room in
which it is listed.

10.

You should aim to arrive at least 15 minutes early for any hearing,
allowing enough time to locate the court room and to accommodate
any traffic or public transport delays.

11.

It is not uncommon for court rooms to change on the day that a matter
is listed, so arriving early should also allow time for that eventuality.

12.

If you will be calling any witnesses during a hearing, you should also
advise the witnesses to arrive at the court room at least 15 minutes
before the hearing is due to commence.

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13.

On arrival at the court it is appropriate to advise the bailiff or other court

staff that you have arrived, which matter you are to appear in relation to
and which party you will appear on behalf of.

14.

Unforeseen delays
14.1

There will inevitably be circumstances beyond your control

which make it difficult for you to start on time, for example if a
witness arrives late.

14.2

In those circumstances, you should appear before the court at

the appointed time to explain the delay. It is important to afford
the magistrate the courtesy of making his or her own decision as
to whether to stand the matter down until later in the day.

14.3

The magistrate will be less frustrated and more receptive to your

submissions in relation to the delay if he or she is informed
about what is happening.

14.4

Early notice of any difficulty will enable the magistrates work for
the day to be restructured so that time is not lost in completing
the court list, in the interests of all persons appearing before the
court that day.

14.5

If it becomes apparent before the day on which a matter is listed

for hearing that there is a difficulty with the case which may
require an adjournment, you should contact the court and
arrange for the matter to be relisted so you can ask for an
adjournment before the hearing date, rather than wait until the
morning that the matter is listed to ask for an adjournment.
Providing this courtesy to the court will enable another matter to
be listed in the place of the case. As a result the courts time
and that of the other party and any witnesses will not be lost.
The court is likely to be more receptive to an adjournment
request made in advance of the hearing date.

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14.6

It would be wrong to assume that the court will always grant an

adjournment, even where the parties have reached an
agreement to this effect. As part of regulating the proceedings
of the court, magistrates like to make their own decisions on
these issues. Therefore it is important to place proper reasons
before the court in support of a request for an adjournment.

14.7

If it is necessary to apply for an adjournment on the morning that

a matter is listed for hearing, upon arrival the bailiff or associate
should be advised of this fact.

14.8

If you do not appear at the hearing and have not contacted the
court, the court may order that the case be adjourned to a new
date or the court may give judgment against you.

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PREPARATION

15.

Professionalism in the presentation of a case to the court requires

careful preparation.

16.

Proper preparation prevents poor performance, and will ensure that

you know what you are saying and why.

17.

18.

In particular, you should ensure that you:

17.1

Are familiar with the legislation relevant to the case; and

17.2

Bring an up to date copy of the legislation to the court.

On a practical note, you should also bring note paper, pens and a
calculator to any hearing that you attend.

19.

In preparing cases, Property Managers should try to predict what

matters might be disputed at the hearing by a tenant.

20.

Arguments should be presented to the Court in a concise, direct and

persuasive manner. Those arguments should be prepared prior the
hearing. Property Managers should be well versed in all the relevant
facts.

21.

Preparing documents
21.1

Thoroughly prepare the documents relevant to the case. This

should involve collating all relevant documents and considering
any submissions that may need to be presented to the Court.

21.2

All documents, including the tenancy agreement, receipts, bank

statements, notices and court forms, should be organised and
readily accessible.

21.3

The original copy of documents should be available to tender to

the Court. Extra copies of any documents tendered must be

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given to the other parties and should be taken before the

hearing. It is a good idea to have an additional copy for yourself
(to refer to after you have tendered the original to the Court) and
to any witnesses if you intend to refer them to the document.
21.4

Preparation requires that you get to know about the case

intimately. This includes organising a file of relevant documents
in a manner that enables you to know exactly where to find what
you need at a particular time during the hearing (solicitors refer
to that type of file as a brief).

21.5

There is no rule on how to organise a brief, other than to do

what works for you.

21.6

You should be sufficiently familiar with the brief to meet any

eventuality which may arise during the hearing, to ensure that
you are not taken by surprise and will be able to adapt your
presentation to the manner in which the case unfolds.

21.7

Familiarity with the subject matter will enable you to focus your
production of evidence on the issues that arise, and therefore
address what will be important to the court in its decision
making.

21.8

Sometimes the facts can be more easily understood by drawing

up an accurate chronology of events. This may also be useful to
assist you to answer questions put to you by the court during the
hearing.

21.9

Your preparation should include reading and re-reading the

relevant parts of the legislation and your brief mark the
relevant parts and be able to find them on your feet.

21.10 You may also write a summary of your case before the hearing
commences, to be read at the conclusion of the hearing.

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21.11 You should identify any exhibits you will seek to produce to the
court and the order in which you will produce them. The exhibits
should be placed in a sequence which enables them to be
efficiently tendered in court.
21.12 Nothing takes away more from the professionalism and
credibility of the presentation of a case than being seen to be
fumbling at the bar table looking for a document you are seeking
to rely on.
22.

Preparing to call witnesses

22.1

Preparation should also focus on identifying whether it will be

necessary to call any witnesses, and if so the order in which you
will call them.

22.2

Ensure that all witnesses will be present at the hearing and, if

necessary,

issue

witness

summonses

to

ensure

their

attendance.
22.3

If you do plan to call a witness, you should speak to them about

the matter before the hearing, so that you know what their
evidence will be and are not taken by surprise.

22.4

Discussing the witnesss evidence may disclose another line of

inquiry or raise issues when can be addressed before the
hearing.

22.5

You should assist your witness before the hearing by explaining

to them how to approach answering questions, for example that
they should only answer the question asked and not provide
information which is not required by the question.

22.6

You should reinforce for your witness that they must tell the truth
and they must not guess or speculate if they do not know the
answer.

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22.7

You should not ever coach a witness or put words into their
mouth by telling them the answers that you want them to give at
the hearing.

22.8

Prepare questions to ask witnesses. Ultimately, the court has a

wide discretion as to how evidence will be given. The court will
often ask witnesses questions and actively obtain information at
the hearing. However, this is not always the case so Property
Managers should be prepared to present an owner's case on the
assumption that the court will not assist.

22.9

Property Managers have the ultimate responsibility to ensure

that all relevant evidence and arguments on behalf of the owner
are presented to the Court.

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10

PRESENTATION

23.

The all-important issue of presentation is our third "P". Professional

presentation is a combination of dressing for court, following etiquette
and

formalities,

using

appropriate

non-verbal

and

verbal

communication, appropriate presentation of evidence and presentation

of the case generally.
24.

Dressing for court

24.1

The principle underlying appropriate court attire is to dress in a

manner that shows respect for the authority of the court.

24.2

The guiding rule is to dress conservatively, probably more so

than you would usually dress.

24.3

Your aim should be to ensure that the magistrates attention

remains on your submissions rather than your outfit!

24.4

Presentation and attire are always very important for first

impressions.

Research indicates that people who are well-

presented and well-groomed are perceived as more likeable,

trustworthy and honest. Those are all characteristics that will be
of significant benefit in presenting a case to the court.
24.5

Remember who your target audience will be when you appear in

court.

The magistrate is the person that you are trying to

persuade to your point of view. Generally, magistrates tend to

be a middle-aged and conservative audience, and are unlikely to
be impressed by the latest fashions.
25.

For men:
25.1

For men, dressing for court should always involve wearing

business attire.

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11

25.2

There is no excuse not to wear a suit and tie (including a jacket)

when appearing in air-conditioned courtrooms

25.3

When courts are sitting in hot and humid conditions without airconditioning (more likely to occur in a metropolitan or regional
court), concessions in relation to dress will be made. Even in
those circumstances the dress standard must be neat and tidy,
and men should wear properly knotted ties and buttoned cuffs.

25.4

A dark coloured suit tends to look neater than a light coloured

suit. Buttoned up is always best.

25.5

A plain coloured shirt is preferable. There should be no need to

shout to be heard over your shirt!

25.6

Make sure your shirt is tucked in (that includes at the back)!

25.7

Dark business shoes would be preferable, and make sure they

are polished. Remember that your shoes can usually be seen
by the magistrate from the bench.

25.8

Your socks should be the same colour as your trousers. Ideally,

match your trousers, socks and shoes.

25.9

Keep your cartoon birthday socks for weekend BBQs.

25.10 While we are on the subject, novelty ties should also be

avoided.
25.11 Your hair should be clean and neat. If you have long hair, tie it
back.
25.12 Have a beard trim or shave if needed.
25.13 Keep your jewellery to an absolute minimum.
25.14 Be careful not to use too much aftershave.

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26.

For women:
26.1

Dressing for court is not about fashion, nor is it about style.

26.2

For women, dressing for court will also involve wearing business
attire.

26.3

A dark coloured business suit is always the most appropriate

outfit for court.

26.4

If you do not have a suit, then a business skirt or trousers with a

neat collared shirt.

26.5

My view is that women should always wear a jacket when they

are appearing in court.

26.6

Your hair should be clean and neat. If you have long hair, tie it
back. If you have short hair, it is important that it is kept away
from your face

26.7

You should remove any chipped nail polish, and any polish that
is worn should be clear or pale.

26.8

Similarly, keep make-up fairly neutral.

26.9

Do not wear a scarf tied around your neck, it may be stylish but
it is too casual for court.

26.10 Be careful not to use too much perfume.

26.11 You should wear court shoes (closed toes) and remember to
polish them.

Knee-high boots with skirts or dresses are not

considered to be appropriate attire for court, regardless of their

current fashion.
26.12 Jewellery should be minimal. No bling. Gaudy, flashy or noisy
jewellery is not appropriate for court because it is unlikely to be
well received by your target audience.

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13

26.13 Handbags should be placed on the floor under the counsel

table, not on the counsel table.
26.14 Erin Brokovichs example of low cut, skin tight, see through tops
and short skirts should be avoided at all costs. Again, the aim is
to ensure that the magistrate concentrates on your words, not
your outfit.
27.

For everyone:
27.1

Your clothes should be clean and ironed properly. Your target

audience will not be impressed by scruffiness.

27.2

Denim is never okay in court.

27.3

Chewing gum is never okay in court.

27.4

Thongs, or any type of casual footwear, are never appropriate

for court.

27.5

Sipping from a bottle of water is not a good look for someone

appearing in court. There will usually be water available at the
counsel table, and you should avail yourself to that water if you
need to drink during a hearing. If you have a water bottle with
you, it would be best placed out of the magistrates sight.

27.6

Sunglasses should be nowhere in sight, and definitely not on

your head.

27.7

If you need to wear reading glasses have them within reach so

you do not find yourself searching for them after the hearing
commences.

27.8

If you have a mobile telephone with you in court, switch it OFF.

Having your mobile telephone on silent is not sufficient as even
then it may interfere with the courts recording equipment.

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28.

Etiquette and formalities

28.1

I can probably add another P word to the list of attributes for

court attendance politeness.

28.2

You must always be courteous to the opposing party and their

witnesses as well as the magistrate and court staff.

28.3

Commencement of the hearing

28.3.1 The hearing will usually commence with the magistrate
entering the court.

The magistrates associate may

announce the magistrate is about to enter.

Everyone

should stand.
28.3.2 The magistrate will enter and take their seat, then
indicate that you should sit. Do not sit until the magistrate
says you may sit. It is better to still be standing than to sit
down too early.
28.4

Giving your appearance

28.4.1 The first thing that a magistrate will do at any hearing is
ask for appearances.

Appearances are simply where

those appearing introduce themselves and state who they

are appearing for.
28.4.2 Speak clearly when giving your appearance. Depending
on your name it may be appropriate for you to spell your
name.
28.4.3 It is important that the names of those appearing be
accurately recorded on the court file by the registrar or
magistrate and in any transcript which is later made of the
proceedings.
28.4.4 It is also a matter of courtesy to the court.

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28.5

Position at the counsel table

28.5.1 Taken from the viewpoint of the magistrate, the
convention is that the applicant sits on the magistrates
left and the respondent sits on the magistrates right. If
you are at all unsure about which side you should be
seated on, the best approach is to ask the magistrates
associate or court official before the hearing commences.
28.5.2 When addressing the court, you must stand but you
should always remain at your position behind the counsel
table.
28.5.3 When you are not addressing the court, you must remain
seated in your place at the counsel table.
28.5.4 No two people should ever be standing at the counsel
table at the same time.

If you are speaking and the

opposing party stands up, you should sit down.

28.6

Addressing the court

28.6.1 You should determine who the matter is to be heard by
before the hearing itself commences.
28.6.2 If the matter is being heard by a Registrar, he or she
should be addressed as Registrar, Sir or Madam.
28.6.3 If the matter is being heard by a Magistrate, he or she
should be addressed as Your Honour. Magistrates are
no longer addressed as Your Worship.

28.7

Bowing
28.7.1 Bowing to the magistrate is a demonstration of respect for
their position.

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28.7.2 You should always stand when the magistrate enters the
court.

Before they sit, the magistrate will bow to the

court, and it is polite to bow in return before sitting.

28.7.3 If the magistrate is already seated at the bench when you
enter the courtroom, you should bow towards the bench
as soon as you enter the court.
28.7.4 If the magistrate is seated at the bench when you leave
the court, you should bow towards the bench just before
you leave the court.
28.7.5 Your bow should not be a waist-bow like Errol Flynn in
'Robin Hood', but more of a slow, emphasised nod.
29.

Non-verbal communication
29.1

You should not address a court with folded arms or with hands
in pockets. This can appear arrogant or disinterested.

29.2

While it can be appropriate to use hand gestures to emphasise a

point to the court, do not overdo it. Avoid excessive gestures or
movement, and never point a finger or pen at the magistrate (or
any other person in the court) to make a point.

29.3

Tempting as it may be, you should never indicate your opinion of

what is being submitted by the opposing party (or the decision of
the magistrate) by using facial gestures, sighing, shaking your
head or using any other non-verbal displays.

29.4

Sit or stand up straight.

29.5

When speaking face the bench directly and maintain eye contact
with the magistrate.

29.6

Look up.

Make your submissions to the magistrate, not the

lectern.

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30.

Verbal communication
30.1

Language used in court is highly formal.

30.2

You should only ever address the magistrate, never directly

address the opposing party.

30.3

Not all courts have microphones, so it is important to use your

voice carefully not too loud and definitely not too soft, but
medium pitched so that the magistrate can hear clearly.
Remember your audience, and be mindful of the fact that age
often affects hearing.

30.4

Avoid making condescending comments or resorting to a

theatrical presentation.

30.5

Speak confidently and clearly at a slow, natural pace. If you

speak too fast for the magistrate to comprehend your argument,
you dont stand a good chance of winning the case!

30.6

Never speak over the magistrate. Always wait for the magistrate
to finish his or her sentence before responding.

30.7

The use of humour is ill-advised. It may be interpreted by the

magistrate as a sign of disrespect.

30.8

Present your main points in a clear concise manner using short

sentences where possible. Do no overstate the owner's case.
Do not misrepresent the facts. Present the owner's evidence in
an honest and factual manner.

Avoid becoming emotionally

aggressive or anxious.
31.

What not to do:

31.1

Fidget or make any distracting movements.

31.2

Slouch or lean back in your chair.

31.3

Shake your head, flick your hair, sniff, scratch.

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32.

31.4

Yawn, look at your watch at any time.

31.5

Smoke, chew gum, swear or use slang language.

31.6

Make any bodily noises.

31.7

Appear overly nervous or rushed.

31.8

Answer your mobile phone.

Presentation of evidence
32.1

Formal rules of evidence do not apply

32.2

Without section 21 of the Act the court would be bound by the

formal rules of evidence and would not have discretion, for
example, to accept hearsay evidence. Hearsay evidence is a
statement by a witness of what he or she heard someone say
outside of the court or, in the case of documents, the
presentation of a written statement to a Court without the maker
of the statement or the author of the document being called to
give evidence.

32.3

Whilst the court is entitled to ignore the rule against hearsay

evidence, they are also entitled to pay regard to the rule if they
think fit.

In other words, the discretion given to the court to

inform itself as it thinks fit entitles it to direct that it will not take
evidence that is hearsay or otherwise breaches the formal rules
of evidence. For practical purposes, the court may well be more
inclined to refuse to accept hearsay evidence in circumstances
where that evidence is in dispute.
32.4

The difficulty for managing Property Managers is to determine

whether or not a court is likely to take exception to hearsay
evidence in any particular case.

32.5

Property Managers should bear in mind and be warned that

some magistrates do not appear to have been as lenient with

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respect to evidentiary rules such as the rule against hearsay.

Some magistrates may well take the view that they will not
accept verbal hearsay evidence or documents created by
persons not called to give evidence on any matter that is
controversial. For example, it is open for a court to refuse to
accept an invoice from a cleaner if the tenant disputes the
amount of cleaning needed and the court forms the view that the
cleaner should be personally called to give evidence.
33.

The presentation of a case

33.1

The guide below as to how evidence and arguments should be

presented to the Court is based on the assumption that the court
adopts a fairly formal procedure. The actual procedure adopted
at a hearing is a matter for the discretion of the magistrate.

33.2

Applicant's case
33.2.1 Generally, the applicant in a case is given an opportunity
to open his or her case by outlining the basic arguments
and facts that will be presented.
33.2.2 The party is then able to call witnesses who can give
evidence establishing the facts that are needed to
support the claim being made and to produce documents.
The witness would normally be sworn in and then the
party or their Property Manager is given the opportunity to
examine the witness in chief.

The witness should be

asked questions designed to enable the witness to

provide all relevant evidence.
33.2.3 Whilst the formal rules of evidence do not apply in the
hearing of minor cases in the Magistrates Court, it is
usually preferable when a witness is being examined in
chief for non-leading questions to be asked of the
witness. Usually witnesses giving evidence in chief are

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witnesses that are "friendly" to the party who has called

the particular witness.

If that witness is led in

examination in chief such that the witness is effectively

told what to say the evidence can be less persuasive than
if the witness has appeared to volunteer the evidence
using his or her own recollection.
33.2.4 Usually magistrates will not allow witnesses to read from
prepared statements.

They may allow the witness to

refer to notes provided that the notes were prepared by

the witness contemporaneously with the events in
dispute.

(An example of this may be a property

inspection report or a note of a relevant telephone

conversation.)
33.2.5 Documents should be tendered in evidence whilst the
relevant witness is giving evidence.

The document

should be identified and formally submitted to the Courts.

33.2.6 Once a witness has been examined in chief by the party
who has called the witness, it is usual for the opposing
party to be given the opportunity to cross-examine that
witness. Cross- examination is an art form and often is
the most difficult part of presenting a case.

Unlike in

examination in chief, the leading of a witness in

cross-examination can be very effective and often makes
it easier to obtain concessions from a particular witness.
33.2.7 Once cross-examination has been completed, the party
who has called the witness is usually given the
opportunity to re-examine the witness.

Fundamentally,

this enables the party who has called the witness to

clarify any matters that may have become confused or
obscured as a consequence of the cross-examination
process.

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33.2.8 The applicant usually then continues calling witnesses

who support that person's case and, through those
witnesses,

tenders

all

relevant

documents.

The

witnesses are examined in chief, cross-examined by the

other party, and, if necessary, re-examined.
33.3

Respondent's case
33.3.1 At the conclusion of the calling of witnesses by the
applicant, the respondent is then given the opportunity to
open his or her case and call that party's own witnesses.
As with the applicant's case, each witness is examined in
chief, cross-examined by the opposing party and then, if
necessary, re-examined.

33.4

Closing
33.4.1 At the conclusion of the giving of evidence by all of the
witnesses the parties are entitled to give closing
addresses. The applicant usually gives the final closing
address. The aim of the closing address is to tie all of the
evidence together and to present that evidence in support
of the arguments and contentions being advanced by the
party concerned.

It is important in closing addresses to

avoid merely repeating what has been said in evidence.

Rather, the evidence should be analysed such that the
various facts that have been established that support the
contentions being made by the party concerned are
analysed and used to support the arguments being
presented to the Court.

Where appropriate, the

weaknesses in the evidence presented by the other side

should be highlighted.
33.5

Property Managers presenting cases on behalf of owners should

take care to ensure that all claims being made by the owner are
presented to the Court at the hearing of the application.

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33.5.1 An omission to raise a particular point during a hearing

may result in that point not being determined at the
hearing.
33.5.2 At the conclusion of the hearing of the application it is not
possible to bring the application back on at a later date to
raise additional matters.

At the very least, a new

application would generally need to be filed.

33.5.3 Property Managers should also be aware that there is a
danger that if a particular matter was referred to in the
formal application but the Property Manager forgets to
call evidence or present arguments in relation to that
matter at the hearing, it could later be argued that the
failure to raise the matter at the hearing amounted to an
abandonment of that part of the claim.

It could be

contended that the owner is therefore prevented from

even filing a fresh application in the future. Whilst such
an argument is unlikely to be raised in minor cases the
Magistrates Court, Property Managers should always
make sure that all relevant matters are canvassed before
the court.

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PRECISION

34.

In presenting a case it is essential to identify the issues in question and

address them in a manner that is succinct and to the point.

35.

Do not waste time pursuing irrelevant issues. Focus on the central

issues and direct to your submissions on fact and law to those issues.

36.

His Honour Justice Carmody of the Supreme Court put it this way:
Apply the John West test rigorously viz, pick your best (points)
and reject the rest. It is a mistake to put too many arguments
because there is a danger that the rejection of the weaker ones
may undermine those that are stronger.

37.

As to how you prepare your case, it is preferable to prepare only

headings, because it is not always possible to predict the direction in
which the argument will go.

38.

If you lack the confidence to rely on headings, prepare point forms

under your headings and tick them off after you have addressed each
one.

39.

If relying on a point form summary is too difficult, then you should read
your presentation if you would feel more comfortable doing so.

40.

Perhaps we could add yet another P.

Persuasion.

Your role in

presenting a case to court is to persuade the court that the result you
are seeking is the correct result. That raises the question of what is the
idea, principle or outcome that you are trying to achieve? Know where
you are going, get the courts attention quickly and take the magistrate
with you. A good advocate knows the outcome they are seeking. They
have credibility and integrity. They dont only supply the answer but a
logical route for getting there.

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41.

You will often be asked a question by the court. Do not be afraid of

those questions.

A simple and direct answer is always best.

Sometimes you will not be able to answer a magistrates question to

their satisfaction. If this is the case, you may need to say something
like I am unable to assist the court further on this point
42.

You can pause, take a sip of water, straighten your thoughts before
you answer.

This is much better than leaping into an answer that

doesnt make sense or rambling on.

43.

Do not be afraid to disagree with the magistrate if you are able to justify
your position, but never be argumentative or dismissive. Also, never
speak over the magistrate.

44.

Take notes of the opposing partys submissions and if possible,

address those submissions in your closing address.

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CONCLUSION

45.

It is essential that Property Managers are professional in your dealings

with the court by observing the 4 Ps of punctuality, preparation,
presentation and precision and therefore, being professional. I hope
that these tips for advocacy in court will be of value to you.

46.

All attendees at the seminar associated with this paper and all readers
of this paper should be conscious of the fact that the focus of this paper
is on non-legal issues relating to court presentation. For this reason, it
must be borne in mind that the contents of this paper are merely meant
to serve as a guide. This paper is not meant to be, and should not be
taken as being, the provision of legal advice. Should anyone have any
doubts as to their rights or obligations or should they have queries
about any of the matters referred to in this paper, immediate legal
advice should be obtained from suitably qualified legal advisors.

47.

This paper has been prepared for the sole use of REIWA and the
attendees at the REIWA seminar on 18 August 2010.

Any

unauthorised reproduction or use of these notes is prohibited.

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