Court Operation - Part 3 - Judicial officers & court procedure

Sep 1, 2026

Court Operation Part 3 provides an organized overview of how judicial officers operate and how proceedings are managed across different court contexts. It explains procedural fairness (natural justice), judicial independence and immunity, and the Children’s Court’s judicial powers, including specific and implied powers. It then outlines procedural guidelines and step-by-step what happens in court, covering preparation, mentions, evidence rules, criminal and family division procedures, interpreters and representation, and practical rules for documents, witnesses, and recorded evidence.

LanguageEnglish

CategoryGeneral

FormatDOCX

Pages195

Reading Time1 h 8 min

AccessFree to download

Roles of judicial officers

Procedural fairness (natural justice) generally

Actual or apprehended judicial bias

Judicial Independence & Immunity

Judicial independence

Immunity of judicial officers & court officials

Children’s Court Judicial Powers

Contempt powers conferred by the Magistrates’ Court Act 1989

Powers conferred by the Vexatious Proceedings Act 2014

Implied powers to govern the process of the Court

Procedural guidelines

Comprehensibility etc.

Program for Intermediaries and Ground Rules Hearings

Interpreter

What happens in Court

Preparation and Mention

Evidence (admissibility, hearsay, expert evidence)

Contested Criminal and Contested Family Division cases

3. COURT OPERATION HYPERLINK \l "_3.1_Roles_of_1" 3.1 Roles of judicial officers HYPERLINK \l "_3.1.1_Procedural_fairness_1" 3.1.1 Procedural fairness (natural justice) generally HYPERLINK \l "_3.1.2_Actual_or" 3.1.2 Actual or apprehended judicial bias HYPERLINK \l "_3.2_Judicial_Independence"3.2 Judicial Independence & Immunity HYPERLINK \l "_3.2.1_Judicial_independence" 3.2.1 Judicial independence HYPERLINK \l "_3.2.2_Judicial_immunity" 3.2.2 Immunity of judicial officers & court officials HYPERLINK \l "_3.3_Children’s_Court" 3.3 Children’s Court Judicial Powers HYPERLINK \l "_3.3.1_Powers_conferred" 3.3.1 Contempt powers conferred by the Magistrates’ Court Act 1989 HYPERLINK \l "_3.3.2_Powers_conferred_1" 3.3.2 Powers conferred by the Vexatious Proceedings Act 2014 HYPERLINK \l "_3.3.2_Powers_conferred" 3.3.3 Powers conferred by the CYFA or any other legislation HYPERLINK \l "_3.3.3_Implied_powers" 3.3.4 Implied powers to govern the process of the Court HYPERLINK \l "_3.3.4.1_Power_to" 3.3.4.1 Power to prevent an abuse of the Court’s own judicial process HYPERLINK \l "_3.3.4.2_Res_judicata," 3.3.4.2 Res judicata & cause of action, issue, claim or Anshun estoppel HYPERLINK \l "_3.3.4.3_Requirement_of" 3.3.4.3 Requirement of leave by CCV to withdraw a protection application HYPERLINK \l "_3.3.4.4_Implied_power" 3.3.4.4 Implied power to reinstate a proceeding which was struck out HYPERLINK \l "_3.4_Procedural_guidelines" 3.4 Procedural guidelines HYPERLINK \l "_3.4.1_Comprehensibility_etc." 3.4.1 Comprehensibility etc. HYPERLINK \l "_3.4.2_Pilot_program" 3.4.2 Program for Intermediaries and Ground Rules Hearings HYPERLINK \l "_3.4.3_Standing_to" 3.4.3 Standing to participate as a party HYPERLINK \l "_3.4.4_Interpreter" 3.4.4 Interpreter HYPERLINK \l "_3.4.5_Representation_of" 3.4.5 Representation of adults in the Family Division HYPERLINK \l "_3.4.6_Duty_of" 3.4.6 Duty of judicial officer to assist a self-represented litigant in the Family Division HYPERLINK \l "_3.5_What_happens_1" 3.5 What happens in Court HYPERLINK \l "_3.5.1_Preparation" 3.5.1 Preparation HYPERLINK \l "_3.5.2_Mention" 3.5.2 Mention HYPERLINK \l "_3.5.3_Evidence" 3.5.3 Evidence HYPERLINK \l "_3.5.3.1_Admissibility_of" 3.5.3.1 Admissibility of evidence generally HYPERLINK \l "_3.5.3.2_Admissibility_of" 3.5.3.2 Admissibility of evidence in a contested criminal case HYPERLINK \l "_3.5.3.3_Admissibility_of" 3.5.3.3 Admissibility of evidence in a Family Division case HYPERLINK \l "_3.5.3.4_The_hearsay" 3.5.3.4 The hearsay rule and exceptions thereto HYPERLINK \l "_3.5.3.5_Expert_evidence" 3.5.3.5 Expert evidence HYPERLINK \l "_3.5.3.5_Illegally_or" 3.5.3.6 Illegally or improperly obtained evidence HYPERLINK \l "_3.5.3.6_Admissibility_of" 3.5.3.7 Admissibility of tendency evidence and coincidence evidence HYPERLINK \l "_3.5.3.8_Conflicting_evidence_1" 3.5.3.8 Conflicting evidence – Dangers of demeanour – Fallibility of human memory HYPERLINK \l "_3.5.3.9_Inadmissibility_without" 3.5.3.9 Leave required to adduce confidential communication or protected health info HYPERLINK \l "_3.5.3.10__Common" 3.5.3.10 Common knowledge HYPERLINK \l "_3.5.3.11__Admissibility" 3.5.3.11 Admissibility of evidence of distress HYPERLINK \l "_3.5.3.12__Tendering" 3.5.3.12 Tendering of documents HYPERLINK \l "_3.5.4_Contested_Criminal" 3.5.4 Contested Criminal Division cases HYPERLINK \l "_3.5.4.1_The_usual" 3.5.4.1 The usual procedure HYPERLINK \l "_3.5.4.2_Application_of" 3.5.4.2 Application of Part 8.2 of the Criminal Procedure Act 2009 HYPERLINK \l "_3.5.5_Use_of" 3.5.5 Use of recorded evidence [VARE] in certain criminal cases HYPERLINK \l "_3.5.5.1_Use_of" 3.5.5.1 Use of recorded evidence-in-chief of a child or cognitively impaired witness HYPERLIN

FAQs

What does procedural fairness (natural justice) require in court proceedings?

Procedural fairness focuses on ensuring the process is fair, with attention to how decisions are reached and how parties are treated. It is addressed as a general principle under natural justice.

How do judicial independence and judicial immunity protect court decision-making?

Judicial independence safeguards decision-making from improper influence. Judicial immunity protects judicial officers and court officials in their judicial functions.

What judicial powers does the Children’s Court have?

The Children’s Court’s powers include contempt powers conferred by the Magistrates’ Court Act 1989, powers under other specified legislation, and implied powers to govern the court process, such as preventing abuse and managing reinstatement of struck-out proceedings.

How is evidence managed, including admissibility and hearsay rules?

The guidance covers general admissibility of evidence, admissibility in contested criminal and family division cases, the hearsay rule and exceptions, and other evidence topics such as expert evidence and legally/improperly obtained evidence.

Sep 1, 2026

Upload by Emma Wilson