Guide to Court Proceedings
In proceedings before the Court, the Court shall apply the Licensing Court Rules 2012.
A party with proceedings before the Court may appear in the proceedings:
- personally; or
- by counsel; or
- if the party is a member of a genuine association formed to promote or protect the interests of a particular section of the liquor industry, or employees in the liquor industry by an officer or employee of that association; or
- if the party is a trust or corporate entity, then by an officer or employee of that entity; or
- by leave of the Court by any other person.
The Commissioner of Police may be represented in proceedings before the Court by a police officer.
A person is guilty of an offence (maximum penalty $2500) if:
- having been served with a summons to attend before the Court fails, without reasonable excuse, to attend in obedience to the summons; or
- having been served with a summons to produce records fails, without reasonable excuse, to comply with the summons; or
- they refuse to be sworn or to affirm, or to answer a relevant question when required to do so by the Court.
Power to Award Costs
If, in the opinion of the Court:
- a person has brought proceedings frivolously or vexatiously, or
- a person has exercised the right to object to an application, lightly or vexatiously the Court may award costs against that person.
Appeal from Orders and Decisions of the Court
Appeals to the Supreme Court
A party with proceedings before the Court may, by leave of the Supreme Court, appeal against any order or decision of the Court.
However, no appeal lies against:
- an order or decision of the Court made on a review of a decision of the Commissioner; or
- an order or decision of the Court excluded from appeal under a provision of this or some other Act.
An appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.
An appeal under this section must be heard and determined by the Full Court.
On an appeal, the Supreme Court may:
- affirm, vary or quash the order or decision subject to the appeal;
- make any order or decision that should, in the opinion of the Supreme Court, have been made in the first instance;
- remit the subject matter of the appeal for further hearing by the Court;
- make any incidental or ancillary order.
Appearing before the Judge
In some cases, people appearing before the Licensing Court may not be familiar with the procedures or code of behaviour. The following information is offered to act as a general guide to those people attending the Court.
If a person attending the Court has any questions, they can contact the Clerk of the Court prior to the hearing commencing on (08) 8207 0954.
- The Judge of the Court is addressed as ‘Your Honour’.
- Counsel is not required to ‘robe’.
The Court usually commences at 10 am and adjourns at approximately 1 pm for lunch. Court then resumes at 2.15 pm and concludes at approximately 4.30 pm.
Prior to the hearing
- Before the hearing begins, the Judge’s Associate will advise who will be hearing the matter.
- All parties associated with an application must arrive at least 15 minutes prior to the hearing time and wait to be called into the Court Room by the Judge’s Associate.
- All mobile phones are required to be switched off prior to entering the Court Room.
Upon commencement of a court hearing
- The Judge’s Assistant will enter followed by the Judge. The Judge’s Associate will require all persons to stand in the Court Room at this time.
- Once the Judge has taken his/her seat, all persons are required to do the same.
During a Court hearing
- During the hearing, evidence may be taped or taken down by a court reporter.
- If the evidence is being taped, please speak clearly into the microphone placed in front of you. Please make sure that whilst speaking there is no other obstruction between you and the microphone.
- If a person is being called as a witness, they must always stand in the witness box prior to being sworn in. The Judge’s Associate will require that person to place their right hand on the Bible whilst being sworn in. If a person prefers not to swear on the Bible an affirmation is also available. You may then sit down in the witness box while questions are directed to you.
- If a person does not have legal representation during the hearing and they are being spoken to by His Honour, then that person is required to stand at all times.
- All exhibits to be tendered must be handed to the Judge’s Associate and not the Judge unless otherwise instructed.
- If a person arrives at the Court Room after a hearing has commenced, then that person, when entering the Court Room, is required to acknowledge His Honour by bowing to him and then quietly locating a seat in the Court Room.
- If a person needs to leave the Court Room whilst a hearing is in session, they may do so, bowing to the Judge at the door prior to leaving.
Leaving the hearing room
Upon leaving the Bench, the Judge’s Associate will require all persons to stand. The Court will then either adjourn to a date to be fixed or be adjourned to another time/date.
This information was obtained from the website of Consumer and Business Services.