What should I, the client, know when preparing for a hearing?

Know the legal framework and issues in dispute

In our experience, you will always benefit from an understanding of the key issues in dispute. relating to their case. A proper understanding of strategy and legal principles will ensure comprehension as to the relevance of the evidence and give insight into the arguments being presented by legal representatives.

Gather and organise evidence

Evidence is everything. When preparing for application hearings and trials, you will likely be required to produce evidence, swear or affirm an affidavit and possibly give evidence verbally to the Court. At the earliest juncture compiling all relevant documents such as agreements, correspondence, photographs, financial statements, invoices, searches, or other material relevant to the case will assist in creating efficiency and minimise costs when the litigation starts.

These documents should be organised and maintained allowing a clear handover to your representation. This avoids confusion and allows for early identification and rectification of issues that may present themselves.

It is not to be understated the importance of maintaining    records even prior to engaging legal representation.  It is recommended that you have procedures in place to ensure consistency of record keep and document management. It is as simple as accurately recording notes when making phone calls by including dates, details and your name to easily identify the best witness.

Giving evidence in Court – Review the material prepared by your representation and be familiar with your affidavit

You should read the material prepared by your legal representation, especially an affidavit you intend to sign. We recommend sitting down with your representation, asking questions and clarifying any points or legal jargon you do not understand.

A true understanding of what has been stated under oath is critical, particularly when giving evidence in Court.

Real life example

In a recent matter handled by our office, we were required to make an urgent application to the Supreme Court of New South Wales to protect our client’s interest in a property previously caveated. The property in question was encumbered by various mortgages and caveats. Supposedly each party was served with a lapsing notice requiring urgent action to maintain each caveat. As no caveator responded to the lapsing notice, each caveat on the property lapsed the day prior to when settlement was to occur. It became clear very quickly that something wasn’t quite right.

Within a day we were required to prepare and file a notice of motion together with extensive supporting affidavits from a variety of sources to prove to the Court that the client’s caveat should remain on title. We were successful in the client’s application and the interest in the property were preserved, however this was only possible by working closely and collaboratively with the client whilst utilising the client’s well-maintained records and information. This is an example of how the client’s understanding of the key legal issues and importance involved in their case translates into genuine results.

What to take away

Preparing for a hearing involves more than just showing up. It requires a clear understanding of the case, well-organised evidence, familiarity with the process and trust in the process.

If you are well prepared and actively involved in the preparation process with your legal representatives, you are in the best position to assist and to achieve a favourable outcome.