If no resolution can be found then, as a last resort, we will take court action.
Putting the Case to Court
When we have gathered all the witness statements that we need, we will submit the case to the Local Court for a Hearing date. This is where the judge will consider the
evidence of the case.
In most situations, cases are listed for a Preliminary Hearing and then a Full Hearing. This is particularly true when the person we are taking to Court is challenging what we are saying. However, we will agree with you how often you wish to be contacted. We promise to keep you informed of what is happening with the case whilst we are compiling the evidence and awaiting a Court Hearing date. You will be given the name of the Officer dealing with your case and you should contact them during this time. If you have any questions or concerns, you should contact them as soon as possible.
If you feel unsafe or need the support of someone other than Estuary, talk to us and we may be able to help with other support groups like Victim Support.
We can also talk to you about extra measures that we can provide to help you feel safe.
We will tell you when the Court date has been set for and offer you help in getting to the Court. Where you make your own way to Court we will pay the cost for your travel.
There will be a member of Estuary staff in Court to support you and answer any queries that you may have.
Sometimes there will be a wait before the case is heard. You are welcome to bring a friend with you if you wish. You may also wish to bring a book or newspaper to read.
Where there is a wait over the lunch period we will either pay for your lunch or reimburse reasonable expenses.
The Judge may decide to accept your statement and not ask you questions, however, it is likely that you will be asked to give evidence. When this happens you will be
asked to “swear in”. You must give an undertaking on oath that the information you will tell the Judge is correct.
Stay calm and take you time, think about your answers. Tell the Judge what your statement says - what you have seen, heard, suffered or felt.
Where the person we are taking to Court challenges the case, you will be cross-examined. We will talk you through what you are likely to expect.
After the Court Hearing we will talk the case through with you again and explain the outcome of the Hearing. We can arrange transport home if you would like us to. If you would like further information or you have a question, please speak to the Housing Officer. We realise that this can be a nervous experience and we want to make sure that you are supported throughout the case.