Effective communication is a vital but often overlooked skill for lawyers appearing in the Federal Court. This article outlines ten practical tips to help practitioners communicate clearly, courteously and in line with their paramount duty to the Court, supporting both client outcomes and public confidence in the justice system. 

The fundamental principles

Lawyers appear in various courts and tribunals. For practitioners admitted to the Federal Court of Australia (the Federal Court) and the High Court of Australia, including those practising in native title matters, appearances in the Federal Court are common.

The overarching purpose of the Federal Court of Australia Act 1976 (Cth) (FCA Act) is to facilitate the just resolution of disputes according to law, as quickly, inexpensively and efficiently as possible (ss 37M and 37N).

Effective communication during Federal Court proceedings is a necessary but often understated skill. It is an essential part of acting in your client’s best interests and upholding public confidence in the justice system. As the Law Council of Australia commentary on the Australian Solicitors’ Conduct Rules notes:[1]

…the manner in which a solicitor conducts his or her role as an advocate and the behaviour of the solicitor should enhance public confidence in the administration of justice.

This article provides ten practical tips to help practitioners maintain effective communication during Federal Court proceedings.

Importantly, this article is not exhaustive. Different contexts require different communication skills. For example:

  • Litigation requires advocacy.
  • Mediation involves dispute resolution.
  • Negotiations demand strategic communication.
  • Client or group meetings call for facilitation skills.

Further resources on communication in mediation, negotiation, facilitation, and drafting are available on our website.

Ten tips for lawyers

Tip 1 – Get your priorities right: your paramount duty is to justice

A lawyer’s paramount duty is to the Court. This overriding obligation to act in the interests of justice must guide all communication, inside and outside the courtroom, and in dealings with court staff, other practitioners, unrepresented parties and clients.

Tip 2 – Know the standards: the Court and regulators have rules for a reason

When drafting, use the Australian Guide to Legal Citation consistently. When communicating with chambers or registry staff, follow the Federal Court’s Guidelines on Communicating with the Court, Communicating with Chambers, Communicating with Registry Staff and relevant Practice Notes. Key principles include:

  • Upholding the overarching purpose of the FCA Act.
  • Never contacting a Judge directly about a matter for which they are responsible.
  • Contacting chambers only when necessary, appropriate, uncontroversial, and in writing.
  • Always being courteous.

Also ensure you are familiar with your professional conduct rules. Fundamental obligations include:

  1. The paramount duty to the Court and to the administration of justice.
  2. Maintaining courtesy and professionalism to avoid undermining public confidence.
  3. Never knowingly making false or misleading statements—and correcting errors promptly.
  4. Not communicating with the Court about any matter of substance without the consent of all other parties.

Tip 3 – When in doubt, be formal

It is easier to transition from formality to informality than the reverse. Your reputation depends in part on your professionalism. Address Judges and registry staff correctly and maintain a formal tone with others unless advised otherwise.

In written communication, begin formally and adjust later if appropriate.

Treat virtual hearings and meetings as if you were in court. It is easier to remove a jacket or tie than to scramble to put one on after seeing others dressed more formally. Always behave as though your microphone and camera are on. Avoid doing anything you wouldn’t do in person.

Tip 4 – Preparation is key

Whenever possible, take time to prepare before communicating. Ask yourself:

  1. What is my goal?
  2. How will achieving it serve my client’s interests?
  3. How might it be received?
  4. Should I say this at all?
  5. If so, how should I say it?

Think carefully about both content and delivery—keeping in mind your duty to the Court and the objectives of the FCA Act.

Tip 5 – Be concise and respect time

Sometimes, less is more. Be direct while remaining courteous. Start with the outcome or request. Before restating material, check what has already been provided and whether clarification is required.

If you invite feedback, listen carefully and respond thoughtfully.

Tip 6 – Keep it clear and organised

Make it easy for others to understand you. Use structure, signposting, and headings to explain where you are going and how you will get there. Sketching or outlining key points before speaking or writing can help maintain clarity.

Tip 7 – Pause: create space for reflection

Take a moment to collect your thoughts. Have a sip of water, review your notes, or ask to confer with a colleague. You do not need to respond immediately.

After pausing, summarise your point in a clear and simple statement.

Tip 8 – Be human

Lawyers are more than mouthpieces. You and your colleagues bring emotions, judgment, and lived experience to your work. Listen actively and check your understanding by summarising what you’ve heard.

Avoid assuming tone in written communication—particularly emails. (If appropriate, a light, well-placed emoji 😊 may help clarify tone.)

Use artificial intelligence (AI) tools intelligently: remember that AI can hallucinate convincingly but supervise poorly.

Tip 9 – Check your behaviour

Behaviour directly affects communication. High-pressure situations, such as Federal Court proceedings, can foster poor behaviour. While you cannot control others’ conduct, you can regulate your own.

If communication becomes difficult, focus on restoring courtesy and professionalism—and be willing to apologise if appropriate.

Poor behaviour should not be accepted or normalised, including from senior practitioners towards juniors. Seek guidance from trusted senior colleagues when behaviour needs to be addressed.

Tip 10 – Remember you are an officer of the Court

Professionalism extends beyond the courtroom. Effective communication takes practice and a willingness to keep learning, in all situations.

As the Law Council of Australia’s commentary on the Australian Solicitors’ Conduct Rules reminds us:[2]

The Mullins matter also reminds us that the duty to the court and of honesty extends to professional work outside of litigation… Indeed, in our capacity as officers of the court it even extends to our conduct outside our professional lives.

If a reasonable member of the public would consider conduct improper, practitioners should pause and reflect. This duty applies equally in mediations and other forms of dispute resolution—lawyers owe the same duties of honesty and candour in mediation as in litigation.

This article provides general commentary only and does not constitute legal advice. If you are unsure how this information applies to your circumstances, seek independent legal advice. For further information, please contact us.

[1] Law Council of Australia, Australian Solicitors’ Conduct Rules 2022 Commentary, March 2024, p. 86.

[2] Stobbs, Nigel (2014) Duty to the court and administration of justice: some examples, implications and clarifications. Precedent, 123, pp. 16-20. (citations omitted), as quoted in Law Council of Australia, Australian Solicitors’ Conduct Rules 2022 Commentary, March 2024, p.17. See Legal Services Commissioner v Mullins [2006] LPT 012.