26 May 2016
Hello
I have to attend the Local Court as an agent for another law firm tomorrow. It is just for judgment, but I have not done this before.
Can you let me know what is the procedure. Not sure if I am defendant or plaintiff at this stage as instructions have not yet been received.
There may also be the need for submissions on costs.
Kind regards
Thank you for your question.
Judgments are delivered first. You should be at the bar table when court opens.
You should announce your appearance 'as agent for...' so that the magistrate knows you have limited instructions.
Judgments are given by the magistrate making orders and either handing down written reasons or delivering ex tempore (oral) reasons.
Once judgment is given, the magistrate will normally say something like 'Anything further?', which is an invitation to apply for costs.
If the other side applies, you should advise the court you will require further instructions in order to make submissions. You should ask for an adjournment - normally a couple of weeks.
If you think you should be applying for costs, you should ask for 'leave to apply in respect of costs'. This will give your principal an opportunity to have the matter relisted when ready to run a costs application.
Regards
Mentor
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