. The Court Proceedings This civil case was listed under motion on May 3, 2013; Deputy Registrar Layton assigned this case to Magistrate R. Brown. I have followed them from the registry department up to the courtroom where it was assigned. Evidences were presented right away on the presiding magistrate, some details are unclear as they don’t mention it and Just are Just reading the evidences presented. They are representing themselves and not a private solicitor. Both the plaintiff and defendant act appropriately with each other and await their turn to speak and when they speak hey stand up.
The plaintiff is asking the court to order a subpoena on National Australia bank in respect to Mr.. Erika’s account dated January 30,2012 to June 30, 2012. This is the situation that resulted the plaintiff to ask for a subpoena, on April 30, 2012, Allan Eureka the defendant is supposed to pay a total of 20,000 (it may have incurred some interest but was not mention in the course of the hearing) to Mohair Koala the plaintiff for a mortgage on property in Auburn the address was not also mentioned during the hearing.
The plaintiff is claiming that he did not receive any money from the defendant of that amount on said time period and on the other hand the defendant is claiming that he paid the money. On November 9, 2012 the defendant Mr.. Eureka produce two pages bank statements from Commonwealth bank which the magistrate agreed that it was legitimate, the plaintiff pointed out that the defendant had a bank overdraft of 20,000 and it already incurred some interest in bank was not use to pay off his mortgage liability. Mr..
Koala the plaintiff is asking for he defendants bank statement from National Australia bank he wanted to see the cash flow and to establish the balance of probabilities that the money has not been paid. The plaintiff would also want to establish the financial situation of Mr.. Eureka and his wife, that they don’t have a capacity to pay off their liabilities and they are using bank overdrafts to pay off their liabilities. The case has not come for a decision yet but the Magistrate approves the subpoena for National Australia Bank to produce bank statement of Mr..
Erika’s account dated January 30, 2012 to June 30, 2012. The hearing was set for a review on June 21, 2013. In that case I will Just be discussing what in my opinion can happen to the case. In my opinion plaintiff has a strong case since bank statement cannot be altered and it’s a solid evidence to hold against the defendant. There is nothing wrong in using bank overdraft but if this as a main source of cash flow he might face bankruptcy in the future. If that happens he does not only have liability with the plaintiff but also with the bank.
The plaintiff household pursue the case as to establish that there is a probability in the near future that the amount owed to him will be bigger to prevent further liability to him. This is the first time that I have ever been to court and I can say its enjoyable hearing some cases and the way the Judge made decision was quite good. A lot of the cases that I observe while waiting for a civil case were Road Maritime service against an individual Just in one day the magistrate had five cases relating to that. Most of those are speeding cases involving young adult.
The most interesting part of my visit would be sitting on the wrong room. When I first arrive in the place I asked a guy in the go to a room downstairs or upstairs so I decided to go downstairs. As I was sitting I begun to wonder as why the proceeding is so quick the plaintiff and defendant will just say a couple of sentence and the man in the front will Just decide when the matter will be heard. People Just come and go so I decided to check that I realized that I’m in the registry room and not in the proper court room.
I’m not happy with the rout officer present in the hearing that I went to I politely ask her about the hearing in the morning which I attended Just to confirm if I got the names right she told me that there’s a list outside when in fact the case that I’m writing to is not on that list. I have waited for another civil case that afternoon but unfortunately the defendant didn’t come and it was dismissed. The second time I went to the local court the court office was very friendly and even wanted to help me with some detail but the problem was they don’t have a civil case on that day.
In this assessment I have learn that going to court is time consuming. Civil cases are fewer than criminal cases which is what I observed staying in the local court for two days. I was frustrated after listening to the court proceeding because I find it hard to listen as their voice are not loud It would have been easier to listen to the hearing if they only use the microphone. What I notice is that microphone was provided but they are not using it. Overall this has given me the chance to experience Law first hand, it was good that at least I have some idea on the terms that are used.