The Registry Staff Answer Some Frequently Asked Questions:

(NOTE: The following are just a few questions commonly asked by people at the Registry counter. Should you have a question that is not listed below, please do not hesitate to [contact] our office and we will try and give you as much assistance as possible).

Q1. Can I go into a Court and watch the proceedings?

Answer. As long as there are no signs outside the courts stating that the court is "Closed", then you may go inside the courtroom. Just remember that there are protocols that should be adhered to. You must bow towards the Coat of Arms (situated above the Judge) as you enter and leave the courtroom.

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Q2. I have been served with a Writ and it says that I have to appear by today. What do I do now?

Answer. You have to file a document called an "Appearance". We can give you a sample document or, if it is the last day, we will produce one for you. You will be expected to file your defence within 14 days and we strongly recommend that you consult a lawyer or seek Legal Aid funding as soon as possible.

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Q3. I want to appeal a decision of a Magistrate in the Court of Summary Jurisdiction.

Answer. You will have to go to the Criminal Registry at the Magistrates Court located on the Corner of Bennet and Cavanagh Street and fill in a Notice of Appeal under the Justices Act. There is a filing fee of $10.00.

You must also enter into a recognisance to prosecute the appeal and serve a copy of the notice of appeal on the respondent to the appeal. This must be attended to within 28 days of the decision appealed from.

The criminal Registry then sends the Notice of Appeal, a copy of your file, transcript and any exhibits to us.

When our file is made up, the Appeals Clerk will write to the Parties advising of the next callover date. You must then appear at the callover when, if there are sufficient dates for all matters on the list, your appeal will be given a date for a Hearing. If no date is given, the matter will be placed on the next callover list.

Callovers are held on the first Wednesday of each month before the Registrar.

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Q4. I want to appeal against the decision of a Magistrate in the Local Court and they told me to come over here. What do I have to do?

Answer. We do not supply forms for you to fill out. We can give you a photocopy of the form you need to file (in triplicate). You will have to file the form within 28 days of the Magistrate's decision and serve the Solicitors for the other party after the Notice of Appeal is issued and attend at a Directions Hearing on the date specified on the form. The filing fee is $300.00 and you will have to pay a Hearing fee of $500.00 before the Hearing takes place. [Rule 83]of the Supreme Court Rules is the relevant section. If you plan to represent yourself, you should obtain a copy of those Rules. If the decision you want to appeal is not a final decision, but is only interlocutory, you cannot appeal at this stage.

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Q5. Can I get forms to start a proceeding?

Answer. We do not supply forms for people to fill out. Depending on the type of proceeding to be commenced, you will need a Writ or Originating Motion. We can give you a copy of the form required but you will have to draw up your own document (in triplicate). You will need a copy of the Supreme Court Rules. The filing fee is $300.00

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Q6. Can I look at a particular file?

Answer. The Supreme Court has an Access to Civil Litigation Files Practice Direction [No 13 of 2001 dated 31 January 2001]. There are some documents that you can see e.g. Pleadings, Concluded Interlocutory Applications, Transcript and other miscellaneous documents. Other documents including current Interlocutory Applications, Discovery, Interrogatories, any document the Court orders remains confidential and Evidentiary material that has not been considered by the Court are NOT available for public search/viewing. Photocopying of documents is at the discretion of the Registrar or Master. There is a search fee of $4.00 payable.

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Q7. Can I have a copy of the Reasons for Decision?

Answer. Yes, upon payment of photocopy charges  of .60c per page if done by you, or $1.20 per page if done by Court staff.

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Q8. How do I get a copy of the Transcript of a Court Hearing?

Answer. Transcripts are available on filling in the appropriate form (available at the Registry counter). The cost is $8.75 per page for a running transcript and $8.34 per page for a delayed transcript.

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Q9. Can I have access to the Supreme Court Library?

Answer. The only persons permitted to access the Library are Judges and their Associates, the Master, the Registrar, Supreme Court staff, Magistrates, Legal Practitioners (local and visiting), Law Lecturers, Members of the Legislative Assembly and Librarians.

However, a personal Litigant, a Law Student or other person may apply in writing to the [Librarian] of the Court for access.

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