In most cases you will need to be in court when the court hears your case. Chambers is a court room where a judge hears Applications.
Family law applications are made with a Notice of Application or an Application for Variation. These documents will state the date and time you need to appear in Chambers to make your case or say why the other party should not get what they are asking for. The court can decide Applications based on Affidavit evidence but in some cases they may decide they need to hear oral evidence. Several applications from different parties may be scheduled for the same time and place as your matter.
The following are things to keep in mind if you need to appear in Chambers:
- arrive early – you will need time to go through security and find the right court room
- let the court clerk know you are there
- do not eat, drink or chew gum
- remove your hat
- turn off all electronic devices
- when the judge arrives the clerk will announce their arrival and everyone stands while the judge enters
- take a seat and wait for your case to be called by the clerk
- when your case is called stand up and move to the front of the courtroom and introduce yourself - the Applicant (the person who is applying to the court) introduces themselves first then the Respondent (the person who is replying to the application) introduces themselves
- remain standing while presenting your case
- address a male judge as “My Lord” and a female judge as “My Lady”
- if you are the Applicant give the judge a quick summary of what you are asking for and why, and answer any questions the judge has politely and briefly
- if you are the Respondent give the judge a quick summary of why you think the other party should not get what they are asking for, why you should get what you are asking for (if you are asking for your own orders) and answer any questions the judge has politely and briefly
- do not interrupt the other party
- do not argue with the judge
- the judge may make a decision while the parties are there or may choose to reserve judgment, which means they will make the decision later