This information sheet will help you prepare for the hearing.
Each court has a different way of hearing cases and this may catch you off guard, so it is important to be well prepared. The person hearing your case has to sit in court all day listening to peoples' stories. Your job is to make it easier for them to understand your case. This is the only chance to tell your side of the story, therefore it is worth spending the time to organise yourself for the court hearing. Being prepared can also help you feel more confident.
Here are some helpful hints:
Sort any letters, quotes, receipts and agreements into some order. For example, by date or the type of problem. One way is to attach sticky coloured squares (available from newsagents) to your documents, labelling each one with a different colour. This will ensure you can easily find documents when they are being discussed, or if you want to give them as evidence.
While organising your evidence, make notes about the history of what happened. Re-write your notes in a clear and easy to read format that can be used to keep track of what is being said in court. If there has been a series of incidents, you can use one as an example and ask the court if they would like to hear more. Make an extra copy of your history to give to the court.
Prepare a list of important points to tell the court. They will only want to hear information relevant to what has been written on your application form. If you try to raise new issues you may drag out the hearing, and everyone may get distracted from why you are there.
Write details for all the points on your list. Talk to people who know about the incidents to remind you of all the details. Make different coloured headings for each point. Under each point note any supporting documents.
An example of a point and relevant details may be:
I rang the owner on 15.1.96 and 21.1.96 to ask for the stove to be fixed. There was no response, so I wrote a letter on 26.1.96 to say ..........
You do not have to memorise your statements, but you will want to avoid getting tongue tied when in court. You must know your story without forgetting any of the important or relevant points. You should be able to tell the story in your own words as the court may ask you not to refer to notes.
Prepare the questions you want to ask the owner/agent. Write down any questions and refer to the information sheet Going to Court for some further suggestions on questioning the owner/agent. When in court ask your questions one at a time making sure they are not statements and trying to get the owner to give as much information as possible about what happened. For example, "Did you receive a letter from me about the leaky roof?" and "What did you do about it?".
It is important that your witnesses go to court on the day of the hearing. If you think there is a chance your witness won't turn up you can ask the court registry to issue a summons. It does not cost you anything to have the court issue a summons, you just need to fill in a form 13. You should lodge your form 13 in plenty of time for it to be served on your witness. The court can arrange this for a fee or you can serve it yourself. Ask the court for details on how the summons needs to be served.
A summons will ensure your witness turns up for the hearing. You can let your witness know that the court will serve a summons. You can explain it is for their benefit as it can be used as proof if they have to miss work or classes to appear in court.
This part can be fun! Get your friends or family together; have someone play the magistrate or clerk and another the owner/agent. Practice presenting your case and finding the documents that go with your story.
Have someone play the part of the owner/agent and ask the difficult questions you may be asked on the day. Practice staying focussed on the question. Remember tell your story to the court. Do not argue with the owner/agent.
Role playing is good preparation. You are less likely to get upset or forget something because you are stunned by what someone has said or things are not going the way you expected. You will have rehearsed and it will be easier to stay calm. If you do not have anyone to role play with, practice presenting your case with a tape recorder, play back the tape and listen to how it sounds. Maybe there is a better way to say it, or you have forgotten to mention something important.
After your hearing, please contact TAS to let us know how it went, and any suggestions for other tenants preparing for court.
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