Be prepared where to go

The Commission has two locations – Sydney CBD and Parramatta. It also has virtual hearing rooms, which are accessed online by AVL. You can check the ‘Notice of Listing’ sent to you or you can find out where your matter will be heard by visiting the Commission's website to check the daily online court list.

The online court list will also tell you other important details such as the hearing room. If in doubt, contact the Commission the day before you have been asked to attend.

When should you arrive? 

You want to be prepared, calm and ready for your case. On the day, you should arrive at least 15 minutes before your matter is scheduled to start to ensure you can find it, familiarise yourself with where to sit and ask the Commission’s staff for help if you get lost or have any questions.

What happens if I am late? 

You must contact the Commission as soon as you realise that you will be late and before the start time.

If you are not present when the matter is listed without prior notice: 

• the case may proceed without you;
• your application could be dismissed; or
• the matter could be decided in favour of the other party, including an order to pay costs. 

What do I need to prepare before I arrive? 

Before the hearing day prepare some speaking notes that cover what you think the Commission will need to know for that hearing.

For a first hearing or conciliation those notes might cover:

• What relief (outcome) you are seeking.
• What legislation gives the Commission the power to grant that relief.
• In very simple terms, why the Commission should grant that relief.
• Your willingness to discuss and seek a resolution with the other party, including what communications there have been to date about a resolution.
• If the matter needs to proceed to further stages before it can be finalised, what those next steps should be.  As to next steps, look at the ‘Usual Directions’ practice note to see what steps are usually required if a matter does not resolve.

What should I bring?

To be prepared for your hearing you should bring:

• Your speaking notes.
• For the first hearing, including a conciliation conference, the most relevant documents that support your claim.
• If your relevant supporting documents have not already been filed with the Commission and served on the other party, bring three copies of those documents, one for the Commission, one for the other party, and one for yourself.
• Copies of documents the other party has filed in the proceeding that they may refer to during the hearing.
• A pen and paper to take notes.

What should I wear?

The Commission’s proceedings are serious and people attending the Commission are expected to dress appropriately.

There are no strict rules about to what to wear, but you should be neat and tidy.  It is recommended to dress like you are going to a job interview. If you have come straight from work you can wear your work clothes, including a uniform.

You should present well and respectably to show that you are taking the matter seriously. For example, do not wear sunglasses, hats, shorts, thongs, or clothing with disrespectful, obscene or offensive slogans or images, cover your shoulders, wear a collared shirt and a jacket.

How to behave in the building

Before entering the hearing room:

• Turn off your mobile phones or put it on silent.
• Remove hats and sunglasses unless there is a medical or religious reason.
• Discard (or keep in a bag) any food, drink or chewing gum (water bottles are permitted).

Inside the hearing room:

• If you do not have a lawyer, give your name to the person assisting the decision-maker and ask them where you should sit at the table (called the bar table). You can also ask the lawyer for the other party, they will usually be helpful about organisational matters.
• Do not place bags on the bar table. Only use the table for your documents, a laptop or tablet if you will use them for notes and otherwise for a pen and paper. 
• You will hear three knocks on the door when the hearing is going to start. This means the decision-maker will enter the hearing room and you must stand.
• Remain standing and nod your head when the decision-maker stands at their chair and nods to you and the other party.  You can sit when the Judge, Commission Member or Registrar takes a seat. 
• Stand whenever you are speaking to the decision-maker or they are speaking to you.  Be seated when you are not speaking or being addressed.
• You should address Presidential Members of the Commission (President, Vice-President, Deputy President and Acting Deputy President) as ‘Your Honour’. Commission Members should be addressed as ‘Commissioner’ and Registrars as ‘Registrar’.
• If something is said that you do not agree with or you have a different version of events do not immediately interrupt or panic. You will be given the opportunity to respond. 
• As others are speaking take notes of the points you would like to say in response and any questions that come to mind. There will always be a time to ask your questions or make further points if they are important. Generally, you should not interrupt the other party while they are addressing the Commission.
• When the hearing comes to an end, stand when the person assisting the decision-maker says ‘all stand’ and remaining standing until the decision-maker leaves the hearing room.

Behaviour to avoid

You should be polite to everyone that you encounter at the Commission.  This includes the Commission’s staff, the other parties and their lawyers and any witnesses.

In the hearing room, it is important to avoid:

• Talking when the hearing is underway, except when directly addressing the Commission;
• Talking on a phone;
• Raising your voice, shouting, interrupting, or speaking over another person;
• Recording or broadcasting from inside the hearing room, which is strictly forbidden;
• Pointing at the other party or treating them in a derogatory manner;
• Using abusive, discriminatory, or rude language;
• Slamming doors; or
• Angry outbursts of any kind.

Appearing by AVL

If you have been permitted to appear by AVL, there are certain protocols which you must follow which are set out here

Can you bring a support person?

A person who is self-represented can bring a support person or friend with them.  They must be over 18 years of age.  While not usually allowed, you can ask the decision-maker if your support person can sit with you at the bar table and even if they can speak on your behalf.

Otherwise, your support person remains in the public gallery of the hearing room and must follow court behaviour requirements.

Can you record the proceedings?

The use of mobile phones, tablets, and any other equipment to take photos, record or broadcast video/audio in the hearing room is prohibited unless you have been given express approval from the Commission. Those parts of the hearing that are not private (and ‘off record’) will be recorded for transcript purposes by the Commission.