Hearing Preparation Checklist

Download or print this PDF checklist to help guide you in preparing for a hearing.

The usual order of proceedings is:

• if requested, each party commences by succinctly identifying the issues that the Commission will need to determine;
• if requested, each party should explain how the relevant industrial instrument, contract, legislation, rules or regulations apply to the facts of the case;
• written and oral evidence will then be presented, with the applicant’s evidence heard first;
• each party can ask questions of the witnesses of other party, known as cross-examination;
• after all the evidence is presented closing submissions will be made, where the parties say how each of the issues should be decided and why; and
• the Commission Member may decide the matter on the day, but the decision will often be reserved and delivered to the parties later after the Commission Member has had the opportunity to consider the materials.

Associates and Commissioner Support Officers

An Associate or Commissioner Support Officer (support staff) will be present in the hearing room to assist the decision-maker. 

All parties should introduce themselves to the support staff upon entering the hearing room and they will take note of your attendance.  The parties can take the opportunity to ask about the conduct of proceedings, but support staff will not provide legal advice.

A court monitor may also be in attendance to assist with the recording of the proceedings, but often the recording is managed remotely.

Bar table

The parties should sit at the long table facing the decision-maker (called the bar table). Do not place bags, food or any drinks other than water on the bar table. The table can only be used for documents, a laptop or tablet, or pen and paper.  Water is permitted, and will also be provided, but no other beverage or food can be brought into the hearing room unless there is a medical reason.

Standing

There will be three knocks on the door when the hearing is going to start, which indicates the Commission Member will enter the hearing room, and everyone will be told to stand. Everyone must remain standing as the Commission Member walks to their chair, faces the room and bows.

Everyone in the hearing room must then bow to the Coat of Arms behind the Commission Member and remain standing until they sit down. The support staff will ask for silence in the hearing room and proceedings will commence.

A person must stand when it is their turn to speak, or when the Commission Member is speaking to them. People must remain seated when not spoken to and follow the instructions given during the proceedings. 

See Court Etiquette for more details.

The hearing commences

The hearing will commence with opening formalities, and the Commission Member will address administrative issues to ensure a fair hearing that will progress smoothly. 

During the hearing, the Commission Member will:

• usually invite opening statements from all parties;
• listen to the evidence presented by the parties during the hearing;
• ask questions of the parties if clarification is needed;
• hear from witnesses who will be questioned by the legal representatives of each party to test, challenge, or clarify their evidence;
• admit or accept evidence in the proceedings;
• review documents or items accepted into evidence, which are referred to as exhibits;
• listen to closing submissions;
• ensure parties follow court processes; and
• encourage all parties to make efficient use of the Commission’s time.

How to address decision-makers

Presidential Members of the Commission (President, Vice-President, Deputy President and Acting Deputy President) should be addressed ‘Your Honour’; while other Commission Members should be addressed as ‘Commissioner’ and the Registrar as ‘Registrar’.

Witnesses

When it is time for them to give evidence, a witness will be called into the witness box. Before giving their evidence, they must take an oath or affirmation to tell the truth. Lying while under oath or affirmation is a criminal offence.    

Leaving the hearing room during proceedings

People who are not advocates or appearing self-represented can leave the hearing room while proceedings are underway without seeking leave, for example, to use the bathroom.  If that occurs, make sure to bow to the Coat of Arms and avoid turning your back on the Commission Member and bow again upon re-entry.

If you are an advocate or self-represented, you must ask the Commission Member for permission to leave to the room while the hearing is in progress.