QLD SRL Speak in third person?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Jake Matherson

Well-Known Member
15 June 2018
223
29
659
Hey everyone.

Just preparing myself for future hearings etc.

As a SRL will I be referring to myself as "The applicant" or "The Father" when talking to the registrar/judge.

Or is speaking in first person is acceptable?

Example.
Your Honour I am seeking orders for the child to live with the Father.
Or
Your Honour I am seeking orders for the child to live with the applicant Father.
Or
Your Honour I am seeking orders for the child to live with me.

I would like to come across as I have made an effort to adhere to the required etiquette. I'm not just the next uneducated bloke to walk through the door.

Cheers.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
Oral Argument
Judge - Your Honour (always) - main
You - 1st person - ‘I’
Other Party - the ‘mother/father’ or by name
Children - never ‘the child’ (too impersonal) - either ‘our eldest child’, the mother and my youngest child etc. or by first name (could require clarity/introduction of who it is)
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
You = I
Ex = first name when talking to her. The Mother when talking about her to the Judge and first name when talking about her to anyone else.
Kids = names ALWAYS
Do NOT address the Judge as "cat in the hat" :-D
 
  • Like
Reactions: Jake Matherson

MartyK

Well-Known Member
4 June 2016
419
61
794
Kids = names ALWAYS

Always?

Up until now, Your Honour, I have been seeing Kyle, Magenta, Frank, Carl and John from Thursday until Sunday each week (continue dialogue) - OR - Up until now, Your Honour, I have been seeing the mother/or name and my children from Thursday until Sunday each week (continue dialogue)

The last time I saw or spoke to Kyle, Magenta, Frank, Carl and John, Your Honour, was on Wednesday 4 June - OR - The last time I saw or spoke to any of our children, your Honour, was on Wednesday 4 June
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,754
710
2,894
Sydney
As an SRL, speak in the first person, using plain English.

Forget trying to learn the lawyer-lingo.
Spend your time getting your thoughts in order.
Know exactly what you want, in the words of a normal person.
Have your reasons and reasoning ready too,
also in the words of a normal person.

On the day, turn up prepared to articulate what you want
in a few short sentences.
The court may ask for your reasons and reasoning,
or not. Have them at hand.

The court will be most interested in
logic, conciseness, rationality, and brevity. In that order.
Eloquence, you will find, is some way down their list.
 
  • Like
Reactions: Jake Matherson

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
2,454
511
2,894
Gold Coast, Queensland
lawtap.com
If anything, I would suggest referring to your children as, "our children, Kyle, Magenta, Frank, Carl and John" at least initially - never my children or the children.

It will make you look more conciliatory and willing to work towards a reasonable outcome. Judges are canny and listen to people dribble them baloney all day long. Be sincere. It won't make a huge difference, but it may make the judge more receptive to what else you have to say.
 
  • Like
Reactions: Tim W

Nonfiction

Well-Known Member
17 May 2018
111
12
414
Victoria
All I’d say is try to avoid as far as possible saying ‘the and/or my children’ and if you remember address the judge as your honour...I’ve heard people say, ‘yes sir’ or something similar...the judge hasn’t even flinched.

Other than that just speak respectfully, be polite, be honest and try to answer any questions asked to the best of your ability. Not everyone who enters the court system has the same educational background, literacy skills etc...and even those who are very articulate and prepared can still stumble on words and find the dialogue hard to keep up with at times (especially if the other party has a legal rep and they speak in mostly legal terms and their arguments stray from what you’ve prepared).

Don’t stress too much...unless it goes all the way to trial, you’ll spend more time outside the courtroom ‘negotiating’ than inside it arguing before the judge anyway.
 
  • Like
Reactions: LouiseThomas

Jake Matherson

Well-Known Member
15 June 2018
223
29
659
Morning everyone,

Thanks for all the tips. I shall take it on board.

I am confident that I have all these boxes ticked "logic, conciseness, rationality, and brevity"

I'm am currently preparing a short summary of my case as my first directions hearing (by telephone) will be held without the other party involved and I will be requesting that matters proceed ex-parte so that I can have a recovery order and interim orders issued.

Hence making the extra effort to ensure that I deliver the information I have in the best way possible.

Thank's Tim W for the quality info.
Thatbloke has ruined all judges for me they will now always be Cat in a hat. haha
 

Nonfiction

Well-Known Member
17 May 2018
111
12
414
Victoria
I'm am currently preparing a short summary of my case as my first directions hearing (by telephone) will be held without the other party involved and I will be requesting that matters proceed ex-parte so that I can have a recovery order and interim orders issued.

In your other thread you said - there are no court orders, you witheld the child for 3 weeks (raft of reasons that didn’t seem to concern you when you were having 50/50 care?...mum was a danger only 1/2 the time?), after withholding you enrolled the child into a new childcare (hidden from the mother...she had to track it down?), you tried to file a 60 page affidavit with 300 pages of attachments (prepared by a lawyer and rejected by the court?) and, you now haven’t seen the child in 3 or so weeks and mum is in hiding with the child...leading to need for a location order and recovery order?

Hopefully your oral argument will be more succinct than your actions...”hiding the child” for 3 weeks rather than filing an urgent application or the whopping affidavit you tried to file just to get a few urgent interim orders...if it was a Family Lawyer who prepared the application it would have been short and sharp!

Yeah, I could be wrong...but if you’ve been forthcoming with the same information you’ve provided here...I can’t see this moving forward on an ex-parte basis...location order (if you still don’t know child’s whereabouts), and a few directions setting the matter down for further directions or Interim hearing on such and such date (both parties) is my guess.