Contested hearing preparation (Local Court)
A summary contested hearing is decided on the same day — preparation is everything. This checklist walks through the preparation steps.
This is a 12-step preparation checklist for a NSW Local Court contested hearing. It covers the brief, witnesses, cross-exam, submissions and hearing plan.
The checklist
Request the full brief
Request the brief of evidence under s 187 and confirm service.
Review the brief
Read every statement, exhibit, CCTV and prior record. Map to the elements.
Identify the issues
Identify which elements are disputed and prepare a short issues list.
Prepare cross-examination notes
Cross-exam notes for each Crown witness — prior inconsistencies, implausibility, bias.
Identify defence witnesses
Identify and obtain statements from any defence witnesses.
Prepare any defence evidence
Documents, photos or expert material. Serve on the prosecution as required.
Prepare for any s 138 or s 137 argument
Identify any admissibility challenges under the Evidence Act.
Draft written submissions
Short written submissions on the elements and the defence case.
Prepare client for giving evidence
Prepare the client for examination-in-chief and cross-examination if they will give evidence.
Consider no case to answer
Identify any gap in the prosecution case that supports a no case submission.
Prepare for sentence if guilty verdict
Have subjective material and references ready in case of conviction.
Confirm logistics
Confirm client attendance, witnesses, court room and interpreter needs.
When this checklist applies
Use this checklist in the weeks before any contested Local Court hearing. Brief delivery and witness preparation are the steps most often rushed.
Common pitfalls
- Running a hearing without reviewing every statement
- Cross-examination without written notes
- Defence witness statements not served
- No sentencing material prepared in case of conviction
- Client unprepared for giving evidence
Run this checklist on a real matter
Quillio drafts cross-examination notes and hearing briefs in current NSW format. See /practice-areas/criminal-lawyers.
This checklist is a general guide. Adapt for AVO, traffic and domestic violence hearings.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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