A court trial is a fact-finding process regulated by rules and strict procedures. A trial is usually required when there is a legal dispute between:

• the state and a citizen;
• two or more companies or organisations;
• an individual and a company or organisation; or
• between individuals.

In civil matters a trial will only take place when all avenues of pre-trial mediation have either been waived, exhausted or do not apply. All parties will engage in a discovery phase where they gather evidence and prepare to argue their case on the balance of probabilities. In criminal matters the investigative phase must have been completed and all evidence must be known with sufficient certainty for the prosecution to believe they can prove their case beyond a reasonable doubt. These are known as the ‘standards of proof.’ The issues disputed during a court trial are the elements that make up the cause of action in a civil case or the elements that make up the relevant offence in a criminal case. It is these elements that must be proved to the relevant standard.

The conduct and rules that govern court trials differ depending on the state or territory and the type of court (‘jurisdiction’) the trial is heard in. Also the rules governing a case in a higher level court such as a Supreme Court will generally be more formal than the rules governing the presentation of a case in a District, County, Magistrates or Local Court. The higher the court the greater the insistence on formality over expediency as the stakes are usually much higher and more time will have been set aside for the trial.

The rules relating to what evidence is admissible differ among states and territories. The Federal Courts, the ACT and the Northern Territory use uniform evidence laws. Some states have enacted laws that are almost identical to these federal evidence laws. Other states have their own specific evidence laws. It is therefore important that anyone commencing a court trial knows which rules will be applied during their trial and it is always best if the parties are represented by lawyers.

The court trial resolves disputed issues of fact that are presented to it by the opposing parties, while applying appropriate rules to guide the process and ensure justice and fairness for all. It involves one or more members of the judiciary (judges or magistrates) weighing the evidence against the relevant elements and according to the appropriate standard of proof. When all of the evidence and arguments have been heard the court delivers a judgment that must also accord with various legal rules. If the judgment does not accord with those rules then an appeal may be possible.

This Legal Guide on Court Trials and Appeals Courts provides readers with information about the basic court trial and appeal process. The guide will focus on explaining each stage of a trial in general terms. Unfortunately it cannot cover all of the rules and exceptions that might be encountered during a trial. Due to the complexity of the trial process it is extremely difficult to run a court trial without any legal training or without being represented by a lawyer. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.