Departmen t of Justice and

Attorney-General
Transcript Format and Style Guide
Version 3 as at 17 July 2023

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Document History

Version Date Comments

1 1 July 2022 Original Document
2 1 March 2023 • Amendments to transcript cover pages re: THE
KING v
• Update to Queensland Courts Crown to appear
on transcript cover pages
3 17 July 2023 • See Appendix - Updates

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 TABLE OF CONTENTS

Document History ......................................................................................................... 2

SECTION 1: GENERAL .......................................................................... 12
What to type and what not to type ............................................................................... 12
1.1 Acts and Rules ................................................................................................ 13
1.2 Addresses - opening and closing .................................................................. 14
In Criminal jurisdiction ................................................................................................. 14
Further Opening Addresses – criminal jurisdiction ...................................................... 15
Closing addresses – criminal jurisdiction ..................................................................... 16
In Civil jurisdiction – Supreme and District Courts ....................................................... 17
Opening addresses – civil jurisdiction ......................................................................... 17
Further opening – Civil ................................................................................................ 17
Closing Addresses – Civil ........................................................................................... 17
Closing Addresses – Civil jurisdiction matters before a Jury ....................................... 18
In Magistrates Court .................................................................................................... 18
Quoting transcript evidence during Closing Addresses ............................................... 18
Footers – Opening and Closing Address in all jurisdictions ......................................... 18
1.3 Adjournments and Resumptions ................................................................... 19
During proceedings ..................................................................................................... 19
Conclusion of a matter ................................................................................................ 19
Banners to conclude partial Same Day Progressive/Non-progressive transcripts........ 20
Adjournments and TAKE IN banners .......................................................................... 20
Adjournments during Ellipsis portion of an “evidence only” criminal trial transcript ...... 21
Resumptions after Day 1............................................................................................. 21
Adjournments/Resumptions with a jury – Criminal and Civil jurisdictions .................... 21
Adjournments and Resumptions – during Addresses .................................................. 23
Adjournments and Resumptions – Revisable Transcripts ........................................... 25
1.4 Appearances ................................................................................................... 26
Self-represented – criminal trial appearances ............................................................. 27
Self-represented - civil and appellate jurisdictions ....................................................... 27
Self-represented - QIRC appearances ........................................................................ 27
Self-represented – District Court Appellate and Court of Appeal appearances ............ 27
1.5 Bail Applications ............................................................................................. 28
1.6 Bench Warrant ................................................................................................ 29
1.7 Calling/announcement of a matter at commencement of proceedings ..... 29
1.8 Authorities and Cited Case Law References ................................................ 30
The use of “v’, “against”, “versus” or “and” and “The King”/”The Queen”/”Rex”/”Regina”
................................................................................................................................... 30

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 Dates .......................................................................................................................... 30
1.9 Awards, Grades, Orders and Titles ............................................................... 32
1.10 Callovers/Supervised Case Reviews ............................................................. 33
1.11 Computer Terms ............................................................................................. 34
Useful website addresses ........................................................................................... 34
1.12 Corrections to transcript ................................................................................ 35
1.13 Court/Tribunal Officers ................................................................................... 36
1.14 Closed court proceedings .............................................................................. 38
1.15 In-camera proceedings ................................................................................... 38
1.16 Language other than English spoken ........................................................... 42
1.17 Made-up words ................................................................................................ 42
1.18 Matter Interposed ............................................................................................ 42
1.19 Multiple speakers sharing the same surname and title ............................... 43
1.20 Material Struck Out/Not To Be Transcribed .................................................. 43
1.21 Nolle prosequi ................................................................................................. 44
1.22 Not to be recorded .......................................................................................... 44
1.23 Not to be recorded and matter adjourned without resuming ...................... 45
1.24 Person called for identification ...................................................................... 45
1.25 Playing back proceedings in court ................................................................ 45
1.26 Recorder appointed ........................................................................................ 46
1.27 Revisable Transcripts ..................................................................................... 46
1.28 Rulings on law................................................................................................. 47
1.29 Transcript Cover Pages – Spacing ................................................................ 48
1.30 Transcript Cover Pages – Court Name.......................................................... 50
1.31 Transcript Cover Pages – Jurisdiction.......................................................... 50
1.32 Transcript Cover Pages – Matter Number..................................................... 51
1.33 Transcript Cover Pages – Matter Name ........................................................ 53
Use of “and” or “v” ....................................................................................................... 53
Use of “Plaintiff”, “Respondent”, “Appellant” etcetera .................................................. 54
Format for multiple defendants.................................................................................... 54
Format for cover pages when multiple matters are heard concurrently ....................... 55
Examples of Matter Names in a paragraph ................................................................. 56
1.34 Transcript Cover Pages – Date and Day Number ......................................... 57
1.35 Transcript Cover Pages – Transcript Type ................................................... 57
1.36 Transcript Day and Page Number Footers ................................................... 59

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 1.37 Transcript Cover Page/Headers/Margin Designator – Judicial/Presiding
Officers ......................................................................................................................... 60
1.38 Transcript Headers ......................................................................................... 66
1.39 Change to transcript header to reflect a change in courtroom ................... 68
1.40 Header Codes – Court Locations .................................................................. 69
1.41 Unidentified Speaker ...................................................................................... 74
1.42 Verbatim transcript ......................................................................................... 74
Verbatim – Revisable Transcripts ............................................................................... 74
Verbatim – Tidying Up non-revisable transcript ........................................................... 75
1.43 [sic] .................................................................................................................. 75
1.44 Word List ......................................................................................................... 76
One word or two.......................................................................................................... 80
1.45 Watermarks ..................................................................................................... 81
SECTION 2: WITNESS EVENTS ............................................................ 83
2.1 Swearing In/Affirming/Calling Witnesses ..................................................... 83
Summary of when Time Stamps apply to Witness and/or Evidence Banners .............. 84
Child witness ............................................................................................................... 85
2.2 Stages of Examination.................................................................................... 87
Format for Evidence Banners...................................................................................... 87
Format for Evidence Footers ....................................................................................... 88
Minimum Evidence to appear on a page of transcript .................................................. 90
2.3 Telephone Conference/Video Link evidence ................................................ 92
2.4 Closed-circuit television link evidence ......................................................... 92
2.5 Question and Answer Format ........................................................................ 94
Self-represented defendant as witness ....................................................................... 95
Witness leaves courtroom ........................................................................................... 96
Witness continuing ...................................................................................................... 97
Witness recalled and re-sworn .................................................................................. 100
At the conclusion of evidence.................................................................................... 100
Witness stood down .................................................................................................. 101
At the end of the day ................................................................................................. 101
Hostile witness .......................................................................................................... 101
Subpoena duces tecum ............................................................................................ 101
2.6 Wall to wall Format ....................................................................................... 102
Multiple Witnesses .................................................................................................... 103
2.7 A self-represented party ............................................................................... 105
Plaintiff, defendant, respondent as witness ............................................................... 105
2.8 Interpreted Evidence..................................................................................... 106

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 Simultaneous use of interpreters ............................................................................... 107
2.9 Evidence by Intermediary............................................................................. 109
2.10 Voir Dire ......................................................................................................... 110
Sworn and examined through an interpreter on Voir Dire .......................................... 113
Exhibits/MFIs on Voir Dire ......................................................................................... 113
Judicial officer's ruling on voir dire............................................................................. 113
SECTION 3: LAYOUT AND PUNCTUATION ........................................ 114
3.1 Acronyms ...................................................................................................... 114
3.2 Ampersand .................................................................................................... 114
3.3 Apostrophes .................................................................................................. 114
3.4 Audio/Video/CD/DVD/Exhibit played ........................................................... 117
3.5 Capitalisation and Lower Case .................................................................... 117
Revisable Transcripts................................................................................................ 118
Government and Politics ........................................................................................... 119
Headings / Titles Layout............................................................................................ 119
Legal ......................................................................................................................... 119
Religion and Sacred Writings .................................................................................... 120
“State” ....................................................................................................................... 120
3.6 Contractions .................................................................................................. 120
3.7 Ellipsis (three dots) ....................................................................................... 121
3.8 Emotive interjections .................................................................................... 122
3.9 Enumerated Points ....................................................................................... 122
3.10 Exhibits and MFIs ......................................................................................... 123
Multiple exhibits ........................................................................................................ 124
3.11 Extract of Transcript of Proceedings .......................................................... 126
3.12 False Starts – Stumbles................................................................................ 126
Use of the Single Dash ............................................................................................. 126
Tidying up false starts and repetitive interruptions..................................................... 127
3.13 Margin Entries / Forms of Address ............................................................. 128
List of commonly used margin entries ....................................................................... 128
Lord, Lord Justice, Master ......................................................................................... 130
Doctor ....................................................................................................................... 130
Professor .................................................................................................................. 130
Other......................................................................................................................... 130
3.14 Ceremonial Sittings ...................................................................................... 131
3.15 Indistinct / Inaudibles ................................................................................... 137
3.16 Interruptions and Unfinished Sentences .................................................... 137
Interruptions – by another speaker ............................................................................ 137

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 Interruptions – when a speaker “interrupts himself” ................................................... 138
3.17 The use of “Mmm” ........................................................................................ 139
3.18 Non-words: “Uh-huh” and “Uh-uh” ............................................................ 139
3.19 Oblique Stroke / Slash .................................................................................. 139
3.20 Paragraphs .................................................................................................... 139
3.21 Part Words ..................................................................................................... 140
3.22 Quotation of speech ..................................................................................... 141
Interruptions during verbal quotes ............................................................................. 142
3.23 Quotation of written material: case law, legislation, transcript including
evidence, text messages etc .................................................................................... 143
Email text / addresses ............................................................................................... 143
Quotes with no introductory remarks ......................................................................... 144
3.24 Sound-alikes and Homophones .................................................................. 148
3.25 Spacing in Transcript ................................................................................... 150
3.26 Spelling .......................................................................................................... 151
Words spelled out ..................................................................................................... 151
Phonetic Alphabet ..................................................................................................... 151
ie and eg ................................................................................................................... 151
Mc and Mac .............................................................................................................. 152
Mt or Mount............................................................................................................... 152
Pty Ltd / Pty Limited / Proprietary Limited................................................................. 152
Senior / Junior ........................................................................................................... 152
St or Saint ................................................................................................................. 152
St or Street................................................................................................................ 152
“Youse / Yous” .......................................................................................................... 152
3.27 Spelling names.............................................................................................. 153
3.28 Stand-alone comments................................................................................. 153
3.29 Take In banners ............................................................................................. 153
Orders....................................................................................................................... 155
SECTION 4: JURY EVENTS ................................................................. 156
Empanelling of a jury ................................................................................................ 156
Empanelling of jury when FULL TRANSCRIPT or “Ellipsis” requested ...................... 156
Empanelling of jury when EVIDENCE-ONLY TRANSCRIPT requested .................... 156
Replacement juror empanelled ................................................................................. 157
Speaker for the jury................................................................................................... 158
Names of jurors......................................................................................................... 159
Witnesses’ names read to the jury ............................................................................ 159
Adjournment/Resumption with a jury and jury status after day 1 ............................... 160
Jury retires and returns ............................................................................................. 161
Ellipsis used when empanelment is not transcribed .................................................. 161

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 Mistrial ...................................................................................................................... 162
Verdicts ..................................................................................................................... 163
Jury unable to reach a verdict ................................................................................... 164
Black Direction .......................................................................................................... 164
Majority Verdict ......................................................................................................... 165
Conclusion of verdict transcript ................................................................................. 165
SECTION 5: JURISDICTIONS .............................................................. 166
Basha inquiry/S590AA hearing (Pre-Trial Hearing) ................................................ 166
Supreme and District Court - Criminal..................................................................... 166
Legal Argument – when to type it .............................................................................. 167
Legal argument with a witness present ..................................................................... 167
Legal argument after closing addresses.................................................................... 167
Legal argument after summing up ............................................................................. 168
Sample layout of “Evidence-Only” Criminal Trial transcript ........................................ 168
Sample layout of “Full Transcript” Criminal Trial transcript ........................................ 169
Arraignment .............................................................................................................. 171
Previously pleaded.................................................................................................... 171
Not guilty plea ........................................................................................................... 171
Guilty plea ................................................................................................................. 171
Bulk arraignments ..................................................................................................... 172
Pleas by more than one defendant ........................................................................... 172
Bailiff sworn .............................................................................................................. 172
Defendant placed in the charge of the jury ................................................................ 173
Proclamation as to witnesses made .......................................................................... 173
Submission on sentence by Crown and Defence ...................................................... 173
Sentences ................................................................................................................. 174
Summing up/Redirections ......................................................................................... 176
Time notation after jury retires to consider its verdict ................................................ 177
Footer for Summing-Up............................................................................................. 180
Redirections .............................................................................................................. 180
Footer for Redirections.............................................................................................. 181
Summary Charges .................................................................................................... 182
Criminal Trial – Judge only ........................................................................................ 183
Orders in criminal matters ......................................................................................... 183
Pre-Recorded Evidence ............................................................................................ 183
Supreme and District Courts – civil and appellate ................................................. 184
At the beginning of a civil trial.................................................................................... 184
Civil Juries ................................................................................................................ 184
Summing up and Redirections – Civil........................................................................ 184
Jury's decision/Verdict – Civil .................................................................................... 184
Judgments ................................................................................................................ 184
Discussion during judgment ...................................................................................... 184

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 Costs in a judgment or order document .................................................................... 185
End of judgment ........................................................................................................ 185
Oral Examination – Civil ............................................................................................ 186
Orders....................................................................................................................... 186
Taxing Officer ........................................................................................................... 186
Childrens Court of Queensland ................................................................................ 187
Judgments and sentences ........................................................................................ 187
Magistrates Court ...................................................................................................... 189
Judicial and counsel designations at the margin ....................................................... 189
Childrens Court ......................................................................................................... 190
Designations in Childrens Court ................................................................................ 190
Application for Child Protection Order ....................................................................... 190
Decisions .................................................................................................................. 190
Quotations in decision ............................................................................................... 191
End of decision ......................................................................................................... 191
Footer for Decision.................................................................................................... 191
Not to be recorded .................................................................................................... 192
Public examination .................................................................................................... 195
Enforcement hearings ............................................................................................... 197
Voir Dire .................................................................................................................... 197
Section 222 appeal or appeal against a Magistrates Court Decision ......................... 197
The Coroners Court of Queensland ......................................................................... 198
Designations ............................................................................................................. 198
Inquest Findings........................................................................................................ 199
Footer for Findings .................................................................................................... 199
Court of Appeal .......................................................................................................... 200
Ex tempore judgments and orders ............................................................................ 200
Court of Appeal case names ..................................................................................... 200
Judgments (listed as a stand-alone matter)............................................................... 200
Suppressed names ................................................................................................... 201
Drug Court .................................................................................................................. 202
Foreign courts – evidence ........................................................................................ 202
Land Court and Land Appeal Court ......................................................................... 204
Judgments ................................................................................................................ 204
Footer for Land Court Judgment ............................................................................... 204
Land Appeal Court .................................................................................................... 205
Mental Health Court ................................................................................................... 206
Reasons for finding ................................................................................................... 217
Murri Court ................................................................................................................. 218
Planning and Environment Court ............................................................................. 218

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 Self-represented parties in the margin ...................................................................... 218
Judges of Planning and Environment Court .............................................................. 218
Queensland Civil and Administrative Tribunal – QCAT ......................................... 219
Designations ............................................................................................................. 219
Evidence in QCAT .................................................................................................... 220
QCAT decisions ........................................................................................................ 220
Quotations in decision ............................................................................................... 220
End of decision ......................................................................................................... 220
Footer for Decision.................................................................................................... 220
Queensland Industrial Relations Commission - QIRC ........................................... 221
Adjournment/Resumptions ........................................................................................ 221
Off the record/recording stopped, without resuming .................................................. 224
Decisions .................................................................................................................. 224
Quotations in decision ............................................................................................... 224
End of decision ......................................................................................................... 224
Footer for Decision.................................................................................................... 224
Industrial Court of Queensland ................................................................................ 226
Designations ............................................................................................................. 226
Multiple civil reviews ................................................................................................. 226
SECTION 6: NUMBERS ........................................................................ 227
General Rule .............................................................................................................. 227
Ages ......................................................................................................................... 227
Beginning Sentences ................................................................................................ 227
Compound Expressions ............................................................................................ 227
Century Numbers ...................................................................................................... 228
General Use.............................................................................................................. 228
Height ....................................................................................................................... 228
Hours and Minutes .................................................................................................... 228
Indefinite Amounts (excluding money) ...................................................................... 228
Measurements .......................................................................................................... 228
“Odd” amounts (excluding money) ............................................................................ 229
Ordinal numbers ....................................................................................................... 229
Percentages.............................................................................................................. 229
Ratios ....................................................................................................................... 229
Type in Figures .......................................................................................................... 230
Addresses ................................................................................................................. 230
Clock Time ................................................................................................................ 230
Currency ................................................................................................................... 230
Dates ........................................................................................................................ 231
Decimal Numbers ..................................................................................................... 231
Indefinite amounts of money ..................................................................................... 231

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 Money ....................................................................................................................... 231
Number following a noun .......................................................................................... 232
Number with an implied noun .................................................................................... 232
“Odd” amounts of money .......................................................................................... 232
Results and Scores ................................................................................................... 232
Telephone numbers .................................................................................................. 232
Type in Words ............................................................................................................ 233
Fractions ................................................................................................................... 233
Partially said numbers ............................................................................................... 233
Exceptions ................................................................................................................. 233
Combination Numbers .............................................................................................. 233
Roman numerals....................................................................................................... 233
Years and spans of years ......................................................................................... 234
Quick reference for Numbers .................................................................................... 234
SECTION 7: PUNCTUATION GUIDELINES ......................................... 235
The apostrophe ......................................................................................................... 235
The colon .................................................................................................................. 238
The comma ............................................................................................................... 238
Comma splicing ........................................................................................................ 244
The dash ................................................................................................................... 244
Hyphens and Hyphenated Words ............................................................................. 245
The oblique stroke / slash ......................................................................................... 247
The question mark .................................................................................................... 247
Quotation marks and punctuation ............................................................................. 247
The semicolon .......................................................................................................... 248
SECTION 8: DRUG NAMES AND MEDICAL TERMS .......................... 250
APPENDIX – SUMMARY OF AMENDMENTS TO VERSION 3 OF
FORMAT AND STYLE GUIDE ............................................................... 252

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SECTION 1: GENERAL

What to type and what not to type

All transcript types are to be transcribed in full except:

Evidence-Only Criminal Trial transcript

Criminal Trial transcripts requested as product type Trial are generated in Evidence Only
format.

An evidence-only transcript will include commencement of the trial up till Jury Empanelment and
nothing further until commencement of Opening Addresses. This portion of proceedings is
represented by ellipsis in the transcript..

Opening address(es) are represented by banners in the transcript.

Everything from immediately following conclusion of opening address(es) through to Summing

Up is to be transcribed, except Closing Addresses (represented by banners).

An evidence-only transcript will end when the judge commences summing up of the trial to the
jury. This is shown in the transcript by the line TAKE IN SUMMING UP.

Summing-Up/Redirections and Verdict are separate transcript requests.

The next level of inclusiveness for a criminal trial transcript is product type Full Transcript.

Should a Full Transcript request for a criminal trial be received, everything spoken on the day
(including Ellipsis portion and/or Opening and Closing Addresses) is to be transcribed, including
relevant banners.

Should a request for a Full Transcript be placed for an evidence-only transcript already
produced in evidence-only format, the portions omitted in the evidence-only transcript will be
included in the initial transcript to provide a Full Transcript.

Where Ellipsis is to be applied to a transcript

See 3.7 - Ellipsis (three dots)

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1.1 Acts and Rules

When typing sections and subsections of an Act in transcript, represent it as the speaker says it.
If the words “section”, “subsection” are said, type the words as spoken. If the speaker
abbreviates, we abbreviate. If you are given the Act title, confirm the reference layout by
googling the relevant Act section.

Do not abbreviate the name of Acts.

Crimes Act Evidence Act

part I chapter 1
(lowercase p for part) part 1, 2, 3, 3A
division 1 division 1, 1A
section 74A section 12
section 74A(1)(a)(i) section 101A, 21AK
section 101A(a)(i)
section 10(1)
section 64(1)(a)
Uniform Civil Procedure Rules Supreme Court of Queensland Act
chapter 1 part 1, part 2, part 3
chapter 3, part 1, division 1 part 2, division 1
chapter 3, part 1, division 4, section 75 part 3, division 1, section 29(1)
chapter 1, part 2, section 17
chapter 2, part 4, section 29(1)
part 6, division 2

Industrial Relations Act 2016

chapter 1
chapter 2, part 1, division 1, subdivision 1
section 30
section 79(1), section 80(1)(c)(ii)

When an unnamed Act is referred to, use the numbering convention below as a guide:

section 111(1)(g)(iv) section 47AB(2)(c)

section 4B, subsection (1), paragraph (1), subparagraph (ii) (if the words are used)

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1.2 Addresses - opening and closing

In Criminal jurisdiction
Opening and closing addresses in higher court (Supreme and District Court) criminal trials are
not transcribed unless requested either as separate, stand-alone transcripts or as part of a Full
Transcript request.

Should an Evidence Only criminal trial transcript request be amended to a Full Transcript
request by 9.30am on the day, a complete transcript of the day’s proceedings will be generated
including Opening/Closing addresses as appropriate.

If opening/closing addresses are not to be transcribed, the transcript will show the applicable
banner only.

Examples of opening addresses banners:

MR SMITH OPENED THE CASE FOR THE CROWN

MR BROWN OPENED THE CASE FOR THE DEFENDANT

DEFENDANT OPENED THEIR OWN CASE

DEFENDANT BURNS OPENED THEIR OWN CASE (where more than one defendant
appears)

Note: It won’t always be the case that the defendant/defence will open their case immediately
following Crown Opening. It is more usual that the Crown will open their case, call all their
witnesses and conclude their case before the defence/defendant will be asked if they intend
calling evidence. If the defence/defendant does want to call evidence or witnesses and address
the jury beforehand the relevant Opening banner would then be inserted.

Should opening addresses be interrupted for an adjournment and then continue after resumption,
the following banner would apply:

MR JONES CONTINUED OPENING THE CASE FOR THE CROWN

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If opening addresses are to be transcribed, show as follows. When each counsel’s opening
address has concluded, come down two clear lines and enter a new banner for the next opening
addresses. Leave two clear lines and continue with transcript. For example:

MR BROWN OPENED THE CASE FOR THE CROWN:

Ladies and gentlemen, I will now tell you the facts of the case…

HIS HONOUR: Mr Brown, we will take a short break. Adjourn the court.

ADJOURNED [10.03 am]

RESUMED [10.20 am]

HIS HONOUR: Yes, Mr Brown.

MR BROWN CONTINUED OPENING THE CASE FOR THE CROWN:

As I was saying before we adjourned…

HIS HONOUR: Mr Green, thank you.

MR GREEN OPENED THE CASE FOR THE DEFENDANT:

Ladies and gentlemen of the jury…

HIS HONOUR: Thank you, Mr Green.

Further Opening Addresses – criminal jurisdiction

Only transcribe if opening addresses are requested.

When counsel has delivered an opening address and called witnesses, and then decides to call
more witnesses and presents further opening address, show (two lines either side):

MR SMITH FUTHER OPENED THE CASE FOR THE CROWN

MR JONES FURTHER OPENED THE CASE FOR THE DEFENDANT

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Closing addresses – criminal jurisdiction
If closing addresses are not to be transcribed, enter two clear lines either side of the following
example banners (where “Mr Smith” will be replaced by the applicable counsel name):

MR SMITH ADDRESSED THE JURY

DEFENDANT ADDRESSED THE JURY

Should closing addresses be interrupted for an adjournment and then continue after resumption,
the following example banner would apply:

MR JONES CONTINUED ADDRESSING THE JURY

If closing addresses are to be transcribed, show as follows. When each counsel’s closing
address has concluded, come down two clear lines and enter a new banner for the next Closing
Addresses. Leave two clear lines and continue with the transcript.

For example:

HIS HONOUR: Yes, Mr Smith.

MR SMITH ADDRESSED THE JURY:

Members of the jury you have heard today…

HIS HONOUR: Yes, Mr Green.

MR GREEN ADDRESSED THE JURY:

Ladies and gentlemen of the jury…

HIS HONOUR: Members of the jury, you have heard…

If no jury is present in the matter, example banners are as follows:

MR SMITH ADDRESSED HIS/HER HONOUR

MR SMTH CONTINUED ADDRESSING HIS/HER HONOUR

DEFENDANT ADDRESSED HIS/HER HONOUR

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In Civil jurisdiction – Supreme and District Courts

Opening addresses – civil jurisdiction

All civil jurisdiction matters (including Planning & Environment and Appellate matters) are
transcribed in full, including all addresses.

Generally, civil jurisdiction opening/closing addresses are rather informal and may be limited to a
series of submissions from the Bar table. However, the presiding Judge may invite counsel to
open, especially if witnesses are to be called, and also present closing remarks before Judge
adjourns the matter to considering their judgment.

Examples of opening addresses banners:

MR SMITH OPENED THE CASE FOR THE APPLICANT

MR BROWN OPENED THE CASE FOR THE PLAINTIFF/RESPONDENT

PLAINTIFF OPENED THIER OWN CASE

RESPONDENT BURNS OPENED THIER OWN CASE

As Civil jurisdiction addresses are transcribed in full, transcript of addresses will commence on the
next line under the banner. For example:

HIS HONOUR: Yes, Mr Smith.

MR SMITH OPENED THE CASE FOR THE APPLICANT:

The case for my client is…

Further opening – Civil

When counsel has delivered an opening address and called witnesses, and then decides to call
more witnesses and presents further opening address, show (two lines either side of banner):

MR SMITH FUTHER OPENED THE CASE FOR THE APPLICANT

Closing Addresses – Civil

Closing addresses are to be transcribed in full. The following example banners commence closing
addresses:

MR SMITH ADDRESSED HIS/HER HONOUR

PLAINTIFF ADDRESSED HIS/HER HONOUR

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Closing Addresses – Civil jurisdiction matters before a Jury
In the unusual event a civil trial is heard before a Jury, the following example banners commence
closing addresses:

MR SMITH ADDRESSED THE JURY

RESPONDENT ADDRESSED THE JURY

In Magistrates Court
All Magistrates Court matters are transcribed in full, including any Opening/Closing Addresses.
Addresses are uncommon in Magistrates Court matters and generally occur in summary trial
matters.

Where opening/closing addresses occur, enter the applicable banner per Criminal and Civil
jurisdictions above.

Note: ADDRESSED THE JURY banners are not applicable to Magistrates Court transcripts as
no Magistrates Court matters are heard before a jury.

Quoting transcript evidence during Closing Addresses

Should counsel quote passages from transcript during their closing addresses, these are typed in
full in all instances. See 3.23 – Quotation of Written Material.

Footers – Opening and Closing Address in all jurisdictions

A footer will show on each page of Opening or Closing Addresses transcript or should
addresses be transcribed in full within a Criminal/Civil trial/hearing transcript.

For example:

(text of address)

_____________________________________________________________________________
MR JONES 1-55 ADDRESSES

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1.3 Adjournments and Resumptions

Use the appropriate banners to show adjournments and resumptions. Two carriage returns are
to be entered either side of an adjournment/resumption banner.

During proceedings

The following generic banners are applied to all DJAG transcripts, regardless of jurisdiction
unless:

• Matter is before a jury (see following examples)

An adjournment during the proceedings is generally followed by a resumption of the

proceedings. Two clear lines are entered either side of the adjournment/resumption banners.

For example:

HIS HONOUR: We will adjourn until Midday.

ADJOURNED [11.30 am]

RESUMED [12.10 pm]

HIS HONOUR: Yes, Mr Smith?

Conclusion of a matter

Unless:

• the matter is continuing/adjourned to a return date (see below)

• the transcript concludes with a TAKE IN banner
• the transcript concludes with a TIME notation (see Summing Up/Redirections),
• the recording of the matter had ceased at the direction of the presiding judicial officer and
the matter adjourned without resuming recording (see 1.23 – Not to be recorded and matter
adjourned without resuming)

all transcripts should conclude with a short line, flush left and two carriage returns below the
final line of transcript text.

The short line is 22 underscore keystrokes in Times New Roman 12.

For example:

HIS HONOUR: Thank you, Mr Smith; Madam Bailiff, adjourn the court.

______________________

© The State of Queensland (Department of Justice and Attorney-General) Page | 19

If a return date is stated (usually for continuing matters such as a criminal trial), apply the
following format to show the matter will be resuming at a time in the future.:

MATTER ADJOURNED at 3.42 pm UNTIL WEDNESDAY, 22 MAY 2023

For example:

HIS HONOUR: Could I just confirm that the address of the caravan park is 12 Blogg Road,
Herston?

MR SMITH: That’s correct, your Honour. Yes.

HIS HONOUR: Thank you. All right. We’ll adjourn and resume at 9.45 tomorrow.

MATTER ADJOURNED at 3.42 pm UNTIL WEDNESDAY, 22 MAY 2013

If a return date is not stated but it is clear from the transcript that the matter will be resuming in
the future, the following format can be applied:

THE MATTER ADJOURNED at 4.25p pm TO A DATE TO BE FIXED

Banners to conclude partial Same Day Progressive/Non-progressive

transcripts

Banners should show time transcript concludes.

For example:

TRANSCRIBED TILL 11.30 AM

TRANSCRIBED TILL 2.30 PM

Adjournments and TAKE IN banners

If a transcript concludes with a TAKE IN banner, no adjournment banner is required following

the TAKE IN banner.

© The State of Queensland (Department of Justice and Attorney-General) Page | 20

Adjournments during Ellipsis portion of an “evidence only” criminal trial
transcript
No banner is required when adjournment/resumption occurs during the portion of the trial which
is covered by the ellipsis entry, ie, jury empanelled, bailiff sworn, defendant placed in the charge
of the jury, judicial address and all the other missing text which occurs before the opening.

Should the Ellipsis portion be transcribed as a stand-alone transcript or within a full type trial
transcript, show adjournment/resumption banners as applicable.

Resumptions after Day 1

Unless a Summing Up/Redirections transcripts where the jury has commenced deliberations
(see Summing Up), if a matter continues for more than one day, the first banner at the
commencement of each subsequent day will be the RESUMED banner with the time stamp.

RESUMED [10.03 am]

HIS HONOR: Yes, Mr Smith?

MR SMITH: Sorry about this, your Honour. The witness informs me that in the era
between 5 o’clock yesterday just prior to us resuming today, she’s received some text
messages from her daughter.

Adjournments/Resumptions with a jury – Criminal and Civil jurisdictions

Use the following banners when the court adjourns and resumes with the jury present at both
times.

HIS HONOUR: Adjourn the Court.

ADJOURNED [11.10 am]

RESUMED [12.01 pm]

HIS HONOUR: Mr Smith, before the break…

© The State of Queensland (Department of Justice and Attorney-General) Page | 21

Use the following banner if the jury was absent when the court adjourned but is present when the
court resumes.

THE JURY RETIRED [11.00 am]

HIS HONOUR: Now, Mr Jones…

(text of transcript)

HIS HONOUR: Adjourn the court.

ADJOURNED [11.10 am]

RESUMED IN THE PRESENCE OF THE JURY [12.01 pm]

HIS HONOUR: Yes, Mr Smith?

Use the following banner if the jury was present when the court adjourned (ie, there was no JURY
RETIRED banner) but is absent when the court resumes, and then the jury returns.

ADJOURNED [11.00 am]

RESUMED IN THE ABSENCE OF THE JURY [12.10 pm]

(text of transcript)

THE JURY RETURNED ............. [12.21 pm]

© The State of Queensland (Department of Justice and Attorney-General) Page | 22

Use the following banner when the jury retires, after which the court adjourns, then the court
resumes and then at some later point the jury returns:

THE JURY RETIRED [11.00 am]

(text of transcript)

ADJOURNED [11.10 am]

RESUMED [12.01 pm]

(text of transcript)

THE JURY RETURNED [12.40 pm]

Adjournments and Resumptions – during Addresses

If an adjournment occurs during opening or closing addresses to be transcribed, show as follows:

MR SMITH OPENED THE CASE FOR THE CROWN:

Members of the jury…

HER HONOUR: Mr Smith, it’s been about an hour. Would you like to take a short break and
we’ll let the jury stretch their legs and come back?

MR SMITH: Yes. Thank you, your Honour.

ADJOURNED [11.10 am]

RESUMED [12.01 pm]

HER HONOUR: Thank you, Mr Smith. Thank you, members of the jury.

MR SMITH CONTINUED OPENING THE CASE FOR THE CROWN:

Ladies and gentlemen of the jury…

© The State of Queensland (Department of Justice and Attorney-General) Page | 23

 MR BROWN ADDRESSED THE JURY:
Members of the jury…

HER HONOUR: Mr Brown, it’s been about an hour. Would you like to take a short break
and we’ll let the jury stretch their legs and come back?

MR BROWN: Yes. Thank you, your Honour.

ADJOURNED [2.33 pm]

RESUMED [2.55 pm]

HER HONOUR: Thank you, Mr Brown. Thank you, members of the jury.

MR BROWN CONTINUED TO ADDRESS THE JURY:

Now, ladies and gentlemen, before the break we were…

HIS HONOUR: Thank you, Mr Brown…

If opening/closing addresses are not transcribed per Evidence Only Criminal Trial transcript, and
an adjournment/resumption occurs during addresses, show adjournment/resumption as:

MR SMITH ADDRESSED HIS HONOUR

ADJOURNED [10.24 am]

RESUMED [11.00 am]

MR SMITH CONTINUED TO ADDRESS HIS HONOUR

© The State of Queensland (Department of Justice and Attorney-General) Page | 24

Adjournments and Resumptions – Revisable Transcripts

Normal adjournment/resumption banners apply during revisable transcripts except application of

the [TIME] banner as court adjourns/resumes during Summing-Up/Redirections.

Other than Summing-Up/Redirections, in the event that the delivery of a revisable transcript
takes place over more than one day, the ADJOURNED UNTIL banner should be used at the
end of each day’s revisable transcript.

For revisable transcripts where no TIME/ADJOURNED UNTIL banners are applied per above,
transcripts will end with a short line from the left margin.

HIS HONOUR: All right. Well, the sentence will remain as I stated it. Do you have
anything to add, Mr Smith?

MR SMITH: No, your Honour.

HIS HONOUR: Ms Jones?

MS JONES: No, thank you, your Honour.

HIS HONOUR: All right. Thank you both for your assistance. Just adjourn to chambers.

______________________

© The State of Queensland (Department of Justice and Attorney-General) Page | 25

1.4 Appearances

Appearances should be typed verbatim in the transcript text. When appearances are
announced, or when the name of counsel or a self-represented person appears in the margin for
the first time, their initials are shown, plus KC or SC if appropriate, but they are shown only
once. Counsel are then shown simply as Mr, Ms, etcetera, with no initials and no KC or SC
after their name. Note that female speakers are always shown as MS in the margin, unless
specific instruction is provided otherwise.

Each initial is followed by a full stop. No space occurs between initials if more than one is typed:
MR A.B.C. SMITH:

When a hearing occurs over consecutive days, only reproduce counsel’s initials if formal
appearances are taken again.

When counsel appear “with” other legal counsel to support them in court, that person’s name is
typed in capital letters, as it is said. Type the accompanying counsel’s initials only if they are
said.

MR A. SMITH KC: Thank you, your Honour. If your Honour pleases, my name is Smith,
initial A., of King’s Counsel. I appear with my learned friends MR WHITE and MR GREEN
for the Commissioner of the Australian Federal Police.

MR A.B. BROWN: Good morning, your Honour. Brown, initials A.B., Brisbane Criminal
Lawyers, on behalf of the defendants.

Note: In QIRC matters, counsel may often appear with someone from a union or a
representative body, ie, not an instructing solicitor or another advocate. That other person’s
name does not need to be capitalised.

MR A. SMITH: So it’s Anthony Smith for the Queensland Services Industrial Union of
Employees, and Mr James Green from the union.

Typing of numbered parties

In the transcript text, follow the general rule for typing numbers, that is, zero to nine in words
and 10 and above in numerals:

MR GATES: I appear for the second, fifth and eighth respondents, your Honour.

MR BAINTON: For the 12th and 13th respondents, your Honour.

© The State of Queensland (Department of Justice and Attorney-General) Page | 26

Self-represented – criminal trial appearances
In the event that an accused person in a criminal trial appears on his/her own behalf, transcribe
his/her appearance verbatim.

Designation at the margin for self-represented accused is DEFENDANT. A surname is only

added if there is more than one defendant in the matter. For example, if three defendants are
listed in a matter but only one defendant is present in court, use DEFENDANT SURNAME: to
identify that particular defendant.

DEFENDANT:
DEFENDANT A. SMITH:
DEFENDANT B. SMITH:
DEFENDANT BURNS:

Self-represented - civil and appellate jurisdictions

PLAINTIFF:
DEFENDANT:
DEFENDANT SMITH: (if more than one self-rep party)
APPLICANT: (a self-rep party appearing as an individual)
APPLICANT SMITH: (more than one self-rep party appearing as an individual)
RESPONDENT: (a self-rep party appearing as an individual)
RESPONDENT JONES: (more than one self-rep party appearing as an individual -
Note: in a matter which has more than one respondent listed as a party but
only one respondent appears in court, use this entry)
MR SURNAME: (a self-rep party appearing on behalf of a company)
MS SURNAME: (a self-rep party appearing on behalf of a company)

Self-represented - QIRC appearances

Self-represented parties
during a hearing APPLICANT:
RESPONDENT:

during a workers’
compensation hearing APPELLANT:

during an
anti-discrimination
hearing COMPLAINANT:

Self-represented parties (both applicant and respondent)

during a conference MR SURNAME:
MS SURNAME:

Self-represented – District Court Appellate and Court of Appeal appearances

APPELLANT:
RESPONDENT:

© The State of Queensland (Department of Justice and Attorney-General) Page | 27

1.5 Bail Applications

Supreme Court: Bail Applications are heard in Civil Jurisdiction if no indictment has been
presented and Criminal Jurisdiction if an indictment has been presented.

District Court: Bail Applications are generally heard in Criminal Jurisdiction as these matters are
assigned to a District Court once an indictment has been presented.

If there is uncertainty as to correct jurisdiction for a Bail Application Matter, default to the
jurisdiction assigned to the original matter listing.

Bail Application matters will generate a hearing (submissions/legal argument etcetera) and
separate (revisable) Order transcript. Should the presiding Judge deliver his Orders as to bail
ex-tempore immediately following submissions, the hearing transcript will conclude with a
TAKE IN ORDER banner.

Example of Bail Application transcript cover page:

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

BODDICE J

No 7436 of 2020

IN THE MATTER OF AN APPLICATION

FOR BAIL BY JOHN JAMES SMITH

BRISBANE

9.07 AM, THURSDAY, 16 JULY 2020

© The State of Queensland (Department of Justice and Attorney-General) Page | 28

1.6 Bench Warrant

Should a defendant’s appearance be required for a matter (generally sentencing proceedings,

pre-trial hearing, pre-recorded evidence or a trial) and the defendant not appear, the presiding
Judge will enquire of defence counsel as to whereabouts of the defendant. Should the Judge
be satisfied there is an acceptable reason for the defendant’s non-appearance, or in instances
where the defendant is delayed attending court but will be available later in the day, the Judge
will generally just adjourn the matter to a date/time.

However, if the defendant’s whereabouts is not known, the defendant is considered to be “at
large” and Judge will issue a Bench Warrant for the arrest of the defendant. Judge will usually
state: “Bench Warrant issue” and the matter will conclude.

Bench Warrant proceedings appear verbatim in the transcript.

In the unusual event a transcript of the Bench Warrant issue is required, the order portion is
extracted from the main transcript and generated as a separate revisable transcript with the
banner BENCH WARRANT on the cover page and the banner TAKE IN ORDER inserted
into the main transcript.

1.7 Calling/announcement of a matter at commencement of proceedings

Include the calling/announcement of the matter verbatim, in all jurisdictions.

Do not abbreviate the matter name per 1.8 - Authorities and Cited Case Law References

© The State of Queensland (Department of Justice and Attorney-General) Page | 29

1.8 Authorities and Cited Case Law References

The use of “v’, “against”, “versus” or “and” and “The King”/”The Queen”/”Rex”/”Regina”
▪ In all instances, use “v”
▪ The speaker says “the King/the Queen” or “Rex/Regina”, type as “R”

eg, “the King/Queen v Smith” or “Rex/Regina and Smith” or “R against Smith”, these are typed
in an abbreviated form as “R v Smith”

• However, if the Crown is a party in a High Court of Australia matter (eg, an appeal to the
High Court of Australia regarding a Judgment of the Queensland Court of Appeal), “The
King/The Queen” (common usage) or “Rex/Regina” (uncommon usage) is to be transcribed
verbatim
For example, “Jones and the King/The Queen” or “Jones against The King/The Queen”
would be transcribed as “Jones v The King/The Queen”

Dates

Dates of cited authorities/case references should be shown with square brackets

For example:

If said as: The King and Smith 2022 Queensland Court of Appeal 34
Type as: R v Smith [2022] QCA 34

If said as: The Queen v Smith 2008 Queensland Court of Appeal 34

Type as: R v Smith [2008] QCA 34

If said as: Regina v Smith 2008 Queensland Court of Appeal 34

Type as: R v Smith [2008] QCA 34

If said as: Rex v Smith 2022 Queensland Court of Appeal 34

Type as: R v Smith [2022] QCA 34

If said as: Smith and The King 2022 High Court of Australia 23
Type as: Smith v The King [2020] HCA 23

If said as: Regina against Smith 2020 High Court of Australia 23

Type as: Regina v Smith [2020] HCA 23

© The State of Queensland (Department of Justice and Attorney-General) Page | 30

Example of abbreviated layout

MR SMITH: I should now like to refer the court to the case of Kuffner and Brown, which is
reported in 1976, volume 3, Federal Law Reports at page 26.

Type as

MR SMITH: I should now like to refer the court to the case of Kuffner v Brown [1976] 3 FLR
26.

Note: Case names should not be italicised unless specifically directed by the speaker.

Case Law terminology

Re in the matter of

Ex parte someone who is involved in the case but is not a party, or someone who
has made an application in the absence of other parties

Examples
• Re Bond; ex parte Hong Kong Bank [1999] FCA 403
• Re Perkins; ex parte Westpac Banking Corporation [1999] FCA 826
• Ex parte Citicorp Australia Limited
• Ex parte Spencer and Others

http://www.austlii.edu.au/ is an excellent reference to check the spelling, year and/or format of

citations.

© The State of Queensland (Department of Justice and Attorney-General) Page | 31

Some examples of common court and publication abbreviations

A Crim R Australian Criminal Reports

AAR Administrative Appeals Reports
AC Appeal Cases
AD(JR) Act Administrative Decisions (Judicial Review) Act
ALD Administrative Law Decisions
ALJR Australian Law Journal Reports
All ER All England Reports
ALR Australian Law Reports
ATC Australian Tax Cases
Ch Chancery
Ch D Chancery Division
CLR Commonwealth Law Reports
FamCA Family Court of Australia
Fam LR Family Law Reports
FamCAFC Family Court of Australia Full Court
FCA Federal Court of Australia
Federal Court Rules – no abbreviation
FLC Family Law Cases
FLR Federal Law Reports
HCA High Court of Australia
KB Kings Bench
LJ EQ Law Journal Equity
NSWLR New South Wales Law Reports
QCA Queensland Court of Appeal
Qd R Queensland Reports
VLR Victorian Law Reports
WASCA Western Australian Supreme Court of Appeal
WLR Weekly Law Reports
Note: Halsbury’s Laws of England

There are too many reports to list, but usually the acronym is used. Case references can be
checked on the AustLII website or the Caselaw section of the Supreme Court Library of
Queensland website or through Google.

1.9 Awards, Grades, Orders and Titles

Awards, grades, orders and titles are typed without spaces and without full stops. For example:

AO ASO6 BEng MBA MBBA MD MP

OBE PhD KC SC NiMaLS (National Media Liaison Service)

Mr P.E. Hack KC Justice Olney AM

Mr J. Bond SC Deputy President C.R. Wright AM KC
He has a Bachelor of Commerce and a Masters of Taxation.
He is studying for a bachelor’s degree and then a masters.

© The State of Queensland (Department of Justice and Attorney-General) Page | 32

1.10 Callovers/Supervised Case Reviews

This entails multiple matters being typed in the same transcript. If ordered, type in the same
style as Supreme Court/District Court criminal. For Magistrates Court callover matters use
applicable margin entries for Magistrates Court. In order to show where one matter ends and the
next begins use the following format.

Note that this format is used specifically for when a complete transcript of callover, supervised
case review or mentions court is requested. Should a transcript of an individual matter within a
callover be requested, transcribe as a stand-alone matter.

Come down two clear lines and enter the matter name in the left margin, in caps and bold.
Leave two further clear lines and commence typing the hearing content.

MS WHITE: Thank you, your Honour.

MS GREEN: Thank you very much, your Honour.

HIS HONOUR: Any other custody matters that can be listed for trial or sentence.

MS GREEN: I do have other custody matters, a matter of Jones.

JONES (two carriage returns either side)

HIS HONOUR: Jones.

MS GREEN: Mr Jones is in custody and has been in custody for nine months now. He’s
number 16 on the presented list. He’s also number 14 on the unpresented list.

HIS HONOUR: I’ve - - -

MS WHITE: Presently listed for a mention arraignment on the 15th.

HIS HONOUR: Yes, all right. I’ll do that.

MS WHITE: Thank you, your Honour.

BROWN

HIS HONOUR: Mr Andrews, have you got something on the custody list that needs to be
listed?

MR ANDREWS: I have, your Honour.

MR A. SMITH: Your Honour, I appear for the Crown. My name is Smith, initial A.

© The State of Queensland (Department of Justice and Attorney-General) Page | 33

1.11 Computer Terms

analog firewire keyword PDF

ASCII format kilobyte – KB PowerPoint
barcode formatting to log on, program
BASIC FORTRAN logging on (verb) RAM
AustLII GIF login/logon (nouns) real-time
baud gigahertz – GHz mainframe retransmit
bit Google MASS-PAR SIM card
byte to google megahertz – MHz software
CD-ROM Gmail modem telemedicine
compact disc GUI multimedia the Web
database hard copy multitask web server
debug hard disc nanotechnology website
disc hard drive narrowcasting Windows
e-banking hardware netiquette Word Microsoft Word
e-commerce hertz offline WordPerfect
e-court HTML online World Wide Web
email hyperlink outsource www.navy.gov.au
FAQ information superhighway PC
filename input
internet – the Net

A valuable source of information for computer terms can be found at: www.whatis.com

Useful website addresses

Case citations: http://www.austlii.edu.au/
Names: http://www.familycourt.gov.au/
http://www.vicbar.com.au/
http://www.nswbar.asn.au/
http://www.qldbar.asn.au/
http://www.wabar.asn.au/
http://www.sabar.org.au/
http://www.tasmanianbar.com.au/
http://www.actbar.asn.au/
http://www.ntba.asn.au/

http://apps.courts.qld.gov.au/esearching/

http://www.lawsociety.com.au/community/findingalawyer/australianlegalpractitioners/index.htm

Dictionaries: http://www.macquariedictionary.com.au/
http://dictionary.law.com/
http://dictionary.reference.com/

Addresses, http://www.whitepages.com.au/
business names http://www.whereis.com/

http://www.drugs.com/drug information.html
A fairly comprehensive site listing all prescription drugs as well as
veterinary drugs.

https://www.courts.qld.gov.au/ (Queensland Courts public portal)

© The State of Queensland (Department of Justice and Attorney-General) Page | 34

https://www.courts.qld.gov.au/courts (page on public portal with links to each court type – list of
judicial officers by seniority can be found of the relevant court page)

https://www.qcat.qld.gov.au/ (QCAT public portal)

https://www.qcat.qld.gov.au/resources/daily-proceeding-list (QCAT daily listings via PDF and

list of QCAT matter codes preceding a matter number)

https://www.qirc.qld.gov.au/ (QIRC public portal)

https://www.qirc.qld.gov.au/hearing-lists (QIRC listings page)

1.12 Corrections to transcript

Transcript is not to be amended and reissued as a result of in-court comments/discussions of

errors in previous transcripts.

Transcript should only be amended and reissued to correct errors identified by clients.

© The State of Queensland (Department of Justice and Attorney-General) Page | 35

1.13 Court/Tribunal Officers

Associate – Court of Appeal, Supreme and District Courts, Land Court and Land Appeal
Court

If no Bailiff is present (generally all civil jurisdiction courts), Associates call “All rise” at the
commencement of court for the day and also at each adjournment and resumption of proceedings
as well as calling witnesses, queueing playback of recordings and collecting evidence/material
from counsel and presenting to the Judge.

Note: the calling of “All rise” is not transcribed.

Associates will generally arraign a defendant in all criminal proceedings, deliver the Allocutus in
sentence proceedings and, within a criminal trial matter, swear in the Bailiff.

ASSOCIATE: John James Smith, you are charged with four counts of unlawful assault and five
counts of breaking, entering and stealing. Are you guilty or not guilty?

DEFENDANT: Guilty.

Bailiff – Supreme and District Courts

If not engaged with returning/retiring a jury or with the jury in the jury room, Bailiffs are responsible
for calling “All rise” at the commencement of court for the day and also at each adjournment and
resumption of proceedings as well as calling witnesses, queueing playback of recordings and
collecting evidence/material from counsel and presentation to the Associate. If the Bailiff is
unavailable, the Associate will perform their court responsibilities.

Note: the calling of “All rise” is not transcribed.

Associates – Industrial Court of Queensland/QIRC

Associates call “All rise” at the commencement of proceedings for the day and also at each
adjournment and resumption of proceedings as well as calling witnesses, queueing playback of
recordings and collecting evidence/material from counsel for presentation to the presiding officer.

Note: the calling of “All rise” is not transcribed.

© The State of Queensland (Department of Justice and Attorney-General) Page | 36

Court Services Officer – Magistrates Court

CSOs call “All rise” at the commencement of court for the day and also at each adjournment and
resumption of proceedings as well as calling witnesses, queueing playback of recordings and
collecting evidence/material from counsel and presenting to the Magistrate.

Note: the calling of “All rise” is not transcribed.

Should the CSO speak, margin designator is: COURT SERVICES OFFICER:

HIS HONOUR: All right. Thank you. And which courtroom - - -

COURT SERVICES OFFICER: Court 7.

HIS HONOUR: Court 7. Thank you.

Hearing Support Officer – QCAT

Responsible for calling “All rise” at the commencement of proceedings for the day and also at
each adjournment and resumption of proceedings as well as calling witnesses, queueing playback
of recordings and collecting evidence/material from counsel and presenting to the presiding
officer.

Note: the calling of “All rise” is not transcribed.

Should the HSO speak, margin designator is: HEARING SUPPORT OFFICER

Coronial Support Officer – Coroners Court of Queensland

Responsible for calling “All rise” at the commencement of proceedings for the day and also at
each adjournment and resumption of proceedings as well as calling witnesses, queueing playback
of recordings and collecting evidence/material from counsel and presenting to the Coroner.

Note: the calling of “All rise” is not transcribed.

Should the CSO speak, margin designator is: CORONIAL SUPPORT OFFICER

© The State of Queensland (Department of Justice and Attorney-General) Page | 37

1.14 Closed court proceedings

See 1.15 In-camera proceedings. Except for evidence of complainant(s) in criminal trials where
the complainant has been declared a special witness and the court is closed for the complainant
to give evidence or a recording of their evidence is played, should an open Court matter in any
jurisdiction be closed, a separate restricted closed court/in-camera transcript should be
generated.

1.15 In-camera proceedings

In-camera (closed court) proceedings are conducted where confidentiality is essential and/or to
allow for a comfortable environment for complainants and/or special witnesses to give evidence.

Except per Note: below, all matters or portions of matters heard in closed court should be
considered RESTRICTED and a RESTRICTED watermark is to be applied to all in-camera
transcripts, whether the transcript is of a complete matter, or a portion of a matter. Should the
transcript be revisable, both RESTRICTED and UNREVISED watermarks should be applied.
(See 1.45 – Watermarks).

There is no requirement for a PROCEEDINGS IN CAMERA banner to show on the transcript

cover page.

If a court is closed/opened during proceedings, ensure the appropriate annotations are applied
to the recording. Transcript of in-camera proceedings (except Note: below) must not be
included within transcripts of open court proceedings: separate transcripts are always
to be produced per transcript type on RTTs.

For example:

Transcript request for SENTENCE SUBMISSIONS = Submissions heard in open court

Transcript request for S13 SENTENCE SUBMISSIONS = Submissions heard when court was
closed

Note: Should a complainant in a criminal trial matter be declared a special witness and
the court is closed to allow the complainant to give evidence in comfortable
surroundings or the court is closed during a criminal trial for the pre-recorded evidence
of the child complainant(s) to be played, a separate transcript is not required for that
portion of proceedings; nor is a RESTRICTED watermark or CLOSED COURT/PUBLIC
SESSION banners applied to the transcript.

Examples of In-camera proceedings within matters where separate RESTRICTED in-camera

transcripts are generated and CLOSED COURT/PUBLIC SESSION banners are applied to
transcripts:

• Evidence where the court is closed and specific restrictions may apply to the release of a
transcript of the in-camera proceedings to parties (eg, Fielder Gillespie order covering
commercial-in-confidence evidence in civil jurisdiction matters where a separate
transcript of the in-camera portion of proceedings is produced).

© The State of Queensland (Department of Justice and Attorney-General) Page | 38

 • Sentencing events pursuant to S13A/S13B penalties and Sentences Act 1992 and
S16AC Crimes Act 1914 (Commonwealth), where in-camera submissions on sentence
and sentencing occurs within the open court sentence proceedings. These are the most
common events where a court is closed during open court proceedings.

• S13 or S16AC sentencing events will be listed as general sentence events. S13/S16AC
proceedings are not announced in advance and there may be only very discrete
references as to sealed submissions being handed up during initial portion of
proceedings.

Monitors may receive very little indication that a S13/S16 sentencing event is happening
until the court is closed.

• S13A sentence matters usually proceed as follows:

o (Open court) SENTENCE SUBMISSIONS

o (Open court) SENTENCE (with UNREVISED) watermark

o (In-camera) SENTENCE (with RESTRICTED/UNREVISED) watermark

• S13B sentence matters usually proceed as follows:

o (Open court) SENTENCE SUBMISSIONS

o (In-camera) S13 SENTENCE SUBMISSIONS (with RESTRICTED watermark)

o (In-camera) S13 SENTENCE (with RESTRICTED/UNREVISED watermark)

o (Open Court) SENTENCE (with UNREVISED watermark)

• S16AC sentence matters (regarding federal offences which will result in a custodial penalty
and almost always prosecuted by Commonwealth DPP) usually proceed as follows:

o (Open court) SENTENCE SUBMISSIONS

o (Open court) SENTENCE (with UNREVISED) watermark

o (In-camera) SENTENCE (with RESTRICTED/UNREVISED) watermark

© The State of Queensland (Department of Justice and Attorney-General) Page | 39

Open court submissions on sentence are transcribed in the SENTENCE SUBMISSIONS
transcript. When the judicial officer directs that the court to be closed and the matter is to
proceed in-camera, show in the transcript two clear lines below the text where the Judge directs
the court to be closed:

CLOSED COURT SESSION ENSUED [12.30 pm]

When the court is opened, show in the transcript two clear lines below the CLOSED COURT
SESSION ENSUED banner:

PUBLIC SESSION RESUMED [12.45 pm]

Note: While above banners would be mostly applied to s13/16 sentencing events, there may be
other instances where the court is closed transcripts only where separate RESTRICTED
transcripts of the in-camera portion of proceedings are generated.

Transcript 1: layout overview of OPEN COURT SENTENCE SUBMISSIONS transcript

where the court is closed for in-camera submissions and sentencing and then opened for
open court sentencing

(open court Sentence Submissions transcript).

HER HONOUR: Thank you, Mr Jones. Madam Bailiff, please close the court.

CLOSED COURT SESSION ENSUED [11.08 am]

(see Transcript 2 example for in-camera sentence submissions transcript)

PUBLIC SESSION RESUMED [11.35 am]

HIS HONOUR: Mr Jones, anything further?

MR JONES: No, thank you, your Honour.

HIS HONOUR: Mr Black, please stand.

TAKE IN SENTENCE

© The State of Queensland (Department of Justice and Attorney-General) Page | 40

Transcript 2: layout overview of IN-CAMERA SENTENCE SUBMISSIONS followed by IN-
CAMERA SENTENCE

Note: There is no requirement to show a CLOSED COURT SESSION ENSUED banner at

commencement of the closed court submissions transcript as the transcript will speak for itself
and the time the session commenced is shown on the cover page of the RESTRICTED
transcript.

Note: There is no requirement to show a PUBLIC SESSION RESUMED banner after a

TAKE IN SENTENCE banner in the in-camera submissions transcript.

BAILIFF: The court is closed, your Honour.

HER HONOUR: Thank you. Now, Mr Jones…

(closed court submissions continue)

HER HONOUR: Stand up, Mr Smith.

TAKE IN SENTENCE (a separate in-camera sentence transcript is produced)

Note: PUBLIC SESSION RESUMED/CLOSED COURT SESSION ENSUED banners

should be applied to the in-camera transcript if the court is closed/opened several times during
proceedings.

BAILIFF: The court is closed, your Honour.

HER HONOUR: Thank you. Now, Mr Jones…

(closed court submissions continue)

HER HONOUR: Madam Bailiff, please open the court..

PUBLIC SESSION RESUMED [11.35 am]

CLOSED COURT SESSION ENSUED [12.15 pm]

HER HONOUR: Now, Mr Jones…

(closed court submissions continue)

HER HONOUR: Thank you, Mr Jones. Mr Smith, stand up, please.

TAKE IN SENTENCE

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1.16 Language other than English spoken

During proceedings, a speaker may revert to a non-English language to clarify or emphasise

something. If this occurs, we do not attempt to type the non-English content. Show the non-
English content with the entry (Response not in English) or (Question not in English), as
appropriate.

Note: this wording is not used for interpreted evidence. The layout requirements for interpreted
evidence are covered 2.8 – Interpreted Evidence.

MR SMITH: (Question not in English)

1.17 Made-up words

• If a word is mis-pronounced but the transcriber can identify what the word was meant to be
(eg: “pacific” instead of “specific”):
o Type it correctly
• If a made-up word is said:
o Type the word as said
• If a non-word is said or a transcriber is not sure of the word spoken, per above, use:
o [Indistinct]

1.18 Matter Interposed

If a hearing is interrupted by discussion about an unrelated matter, insert the banner MATTER
INTERPOSED to reflect the change in proceedings and then resumption of the original matter.

In some informal tribunal sittings the judicial officer may elect to wait in the hearing room while
information is obtained, for example, and during the waiting time discussion on unrelated topics
may occur. In these instances, MATTER INTERPOSED banner would be inserted.

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1.19 Multiple speakers sharing the same surname and title

If more than one speaker shares the same surname and title, take the first name initial for each
affected speaker and use it in the margin each time they speak. This needs to be used
throughout the transcript, regardless of when the second or subsequent shared surname
speaker speaks.

MR A. SMITH: I would be happy to clarify that point, your Honour, if my learned friend
doesn’t mind.

MR J. SMITH: I had finished anyway, your Honour.

MR A. SMITH: How fortuitous. Thank you.

DEFENDANT JONES: (for multiple defendants)

DEFENDANT J. JONES: (for multiple defendants with same surname)
RESPONDENT JONES: (for multiple respondents)
RESPONDENT J. JONES: (for multiple respondents with same surname)

1.20 Material Struck Out/Not To Be Transcribed

When a court or tribunal directs any remarks to be struck from the record or indicates that a
section of proceedings is not to be transcribed, the following banner is to be used for the
relevant portion of transcript:

SECTION OF PROCEEDINGS RECORDED BUT NOT TRANSCRIBED AT THE

DIRECTION OF HIS HONOUR

SECTION OF PROCEEDINGS RECORDED BUT NOT TRANSCRIBED AT THE

DIRECTION OF THE COMMISSIONER

When a speaker says something and then says, “I withdraw that,” do not remove the words
already said:

MR JONES: Witness, when Mr Smith came to see you on the 17th, he was in possession of –
sorry, I withdraw that. When Mr Smith came to see you on the 17th, did he have that
document?

© The State of Queensland (Department of Justice and Attorney-General) Page | 43

1.21 Nolle prosequi

During the course of sentencing proceedings (generally at the commencement of the matter) or
a criminal trial, the Crown Prosecutor may elect not to proceed further with the indictment (or
specific charge/s on the indictment) before the court and may either request return of the
existing indictment for amendment (removal or amendment of charges) or replacement with a
new indictment.

This portion of proceedings is referred to as a nolle (pronounced “nolly”) prosequi.

If charges are withdrawn, the matter concludes and the defendant is discharged.

If the indictment is amended or replaced, Judge will proceed with the nolle prosequi by
confirming the defence agrees with the amended indictment and then usually states: “Order as
per draft”.

Nolle proceedings appear verbatim in the transcript.

In the unusual event a Nolle Prosequi transcript is required, the order portion is extracted from
the main transcript and generated as a separate revisable transcript with the banner NOLLE
PROSEQUI on the cover page and the banner TAKE IN ORDER inserted into the main
transcript.

1.22 Not to be recorded

If a judicial officer indicates that a portion of proceedings is not to be recorded, use the
RECORDING CEASED AT THE DIRECTION OF banner. Some examples follow:

RECORDING CEASED AT THE DIRECTION OF HIS HONOUR [12.23 pm]

RECORDING CEASED AT THE DIRECTION OF THE COMMISSIONER [12.23 pm]

Should recording then resume later in the matter, use the RECORDING RESUMED AT THE
DIRECTION OF banner. Some examples follow:

RECORDING RESUMED AT THE DIRECTION OF HER HONOUR [13:40 pm]

RECORDING RESUMED AT THE DIRECTION OF COMMISSIONER [13.40 pm]

Note: Above banners would rarely apply to general criminal/civil jurisdiction transcripts but
recordings are routinely stopped/started when QIRC conference matters go off/on the record or
during confidential proceedings in QIRC hearings.

© The State of Queensland (Department of Justice and Attorney-General) Page | 44

1.23 Not to be recorded and matter adjourned without resuming

Select the most applicable wording below and enter two clear lines after RECORDING CEASED
banner (include the time if known). Examples of banners to be used:

THE CONFERENCE ADJOURNED WITHOUT RESUMING RECORDING [4.55 pm]

THE HEARING ADJOURNED WITHOUT RESUMING RECORDING [4.55 pm]

Note: Above examples apply to QIRC matters when (especially during Conference matters)
recordings are routinely turned off to commence confidential in-camera discussions and where
the matter does not resume after the recording has been turned off.

In the extremely unlikely event where the recording of a general criminal/civil jurisdiction matter
was turned off at the direction of the Presiding officer and the matter did not resume, apply the
following banner:

THE MATTER ADJOURNED WITHOUT RESUMING RECORDING [4.55pm]

1.24 Person called for identification

If a person is called for identification, no banner is required. The transcript will speak for itself.

Did you examine a girl on that day in connection with this matter?---Yes.

I call Mary Smith for identification. Is that the girl you examined?---Yes.

What did your examination reveal?---She was a person of slight build.

1.25 Playing back proceedings in court

Should playback of audio of proceedings initiated by Associate or in-court officer occur while a
matter is on foot, the transcript should show in bold and capital letters on the margin, with two
line spaces above and below:

PLAYBACK

Note: This banner is not to be applied when audio or video of evidence (eg, pre-recorded
evidence) is played . See 3.4 Audio/Video/CD/DVD/Exhibit Played

© The State of Queensland (Department of Justice and Attorney-General) Page | 45

1.26 Recorder appointed

Principally found in Magistrates Court matters, this event occurs when the audio is not recorded
by a TSP. Usually at the beginning of a matter the magistrate may make a comment along the
lines of “Jane Smith appointed as recorder to record this matter under the Recording of
Evidence Act 2003.” This administrative step is typed verbatim if it occurs. There is no banner
entry for this.

1.27 Revisable Transcripts

No content is to be omitted from revisable transcript, except inclusion of ellipsis to show costs
discussion in a Judgment.

A footer (right hand flush) will show the type of revisable transcript:

• SENTENCE
• JUDGMENT
• ORDER
• RULING
• SUMMING-UP/REDIRECTIONS
• REASONS FOR FINDINGS (Mental Health Court only)
• FINDINGS (Coroners Court of Queensland only)
• DECISION (for QCAT and QIRC only)

For example:

(text of transcript)

_____________________________________________________________________________
(blank) 1-4 SENTENCE

Note: There may be instances where portions of revisable transcripts that have been excised
during revision should be inserted into the general matter transcript. DJAG will confirm if this is
necessary post revision.

Note: See also 1.45 – Watermarks and 1.42 – Verbatim Transcript

© The State of Queensland (Department of Justice and Attorney-General) Page | 46

1.28 Rulings on law

Incorporated as part of a transcript.

Only transcribe as a separate transcript if requested.

If rulings on law are transcribed separately:

Extract the Ruling portion from the original main transcript and generate as a separate, revisable
transcript. Update the original main transcript to show below banner where the ruling occurred
in the transcript. Enter (two clear lines either side):

TAKE IN RULING

© The State of Queensland (Department of Justice and Attorney-General) Page | 47

1.29 Transcript Cover Pages – Spacing

A cover page is inserted at the commencement of all transcripts.

The Queensland Courts Coat of Arms is centred at the top of the page. Following is a JPEG of
the Crown. The Crown must show as 20mm high on transcript cover pages

QUEENSLAND COURTS AND TRIBUNALS and

TRANSCRIPT OF PROCEEDINGS banners are Times New Roman 14 and bold
The following copyright disclaimer is to be inserted immediately under the transcript of
proceedings banner in Times New Roman 10:

© The State of Queensland (Department of Justice and Attorney-General). Apart from any use permitted under the
Copyright Act 1968 (Cth), all other rights are reserved. Providing a copy to a legal practitioner for the purpose of
obtaining professional advice is considered fair use under section 43(2) of the Copyright Act 1968 (Cth) and does
not require copyright release. For all other uses, you must not copy, modify or distribute this material without the
written authority of the Director, Recording and Transcription Services, Queensland Courts.

The various banners/information fields on the transcript cover page underneath the copyright
disclaimer are TIMES NEW ROMAN 12 and bold.

The following disclaimer is to be inserted at a minimum of two carriage returns underneath the
location banner in Times New Roman 10:

Any rulings in this transcript may be extracted and revised by the presiding Judge.
WARNING: The publication of information or details likely to lead to the identification of persons in some
proceedings is a criminal offence. This is so particularly in relation to the identification of children who are
involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and
complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice
before giving others access to the details of any person named in these proceedings.

Cover page information is obtained directly from the Transcript Service Task including the Court
Listing tab*.

Note: Certain transcripts (eg, Mental Health Court matters) will require additional information
sourced from documentation provided by Associates within QTranscripts to complete cover
pages.

Following is an example transcript cover page template showing optimal line spacing between
fields.

© The State of Queensland (Department of Justice and Attorney-General) Page | 48

© The State of Queensland (Department of Justice and Attorney-General) Page | 49
1.30 Transcript Cover Pages – Court Name

The following court names may apply to a cover page:

• COURT OF APPEAL

• SUPREME COURT OF QUEENSLAND

• MENTAL HEALTH COURT

• DISTRICT COURT OF QUEENSLAND

• PLANNING AND ENVIRONMENT COURT

• CHILDRENS COURT OF QUEENSLAND (Judge Presiding)

• MAGISTRATES COURT

• CHILDRENS COURT (Magistrate Presiding)

• INDUSTRIAL MAGISTRATES COURT

• CORONERS COURT OF QUEENSLAND

• LAND COURT OF QUEENSLAND

• LAND APPEAL COURT

• QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

• QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

• INDUSTRIAL COURT OF QUEENSLAND

1.31 Transcript Cover Pages – Jurisdiction

A Jurisdiction banner is applied to cover pages for the following courts only:

• Supreme and District Court Criminal matters (but not Childrens Court)
o CRIMINAL JURISDICTION

• Supreme and District Court Civil matters (but not Planning & Environment Court)
o CIVIL JURISDICTION

• S222 appeal matters heard in District Court

o APPELLATE JURISDICTION

A Jurisdiction type does not need to show on any other transcript cover pages.

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1.32 Transcript Cover Pages – Matter Number

This field is completed for all jurisdictions where a matter number has been provided. If no
matter number is available on the Transcript Service Task, please leave blank on the cover
page. There are different styles for courts and jurisdictions:

Jurisdiction Format
Court of Appeal CA No XX of YYYY
SC & DC Civil Jurisdiction No XX of YYYY
SC & DC Criminal Jurisdiction Indictment No XX of YYYY
SC/DC Bail Application & Order No XX of YYYY
DC Appellate Jurisdiction (S222 appeal) Appeal No XX of YYYY
P&E Hearings P & E No XX of YYYY
CCJ Indictment No XX of YYYY
CCM CCM-XXXXXXXX/YY(X)
Mag Court CR (including DVA) MAG-XXXXXXXX/YY(X)
Mag Court CV – PubExam & XX of YYYY
Enforcement
Coroners Court COR-XXX/YYYY
Coroners Court – Findings No XX of YYYY
Land Court AAAXXX-YY
Land Appeal Court LACXXX-YY
QIRC/Industrial Court No AAA/YYYY/XXX
QCAT No AAA XX of YYYY or Matter Number on TST
MHC Court Proceeding No XX of YYYY

Note: “X” refers to the matter number; “YYYY” to a four-digit year and “YY” to a two-digit year.

Examples of Matter Numbers on TSTs and the correct format for a cover page:

Type of Court Info on TST Correct Format

COA 13221/19 CA No 13221 of 2019

SC/DC CR & CCJ DIS-INNI9/21 Indictment No 9 of 2021

SC/DC CV DIS-BRISB4101/19 No 4101 of 2019

P&E DIS-BRISB3387/16 P &E No 3387 of 2016

Land Court MRA015-19 MRA015-19

CCM CCM-00007145/20(3) CCM-00007145/20(3)

MAG CR (including DVA) MAG-00092467/19(2) MAG-00092467/19(2)

MAC CV 0000833/20 833 of 2020

QCAT 00001351/20 No 1351 of 2020

QCAT G12345 G12345
QCAT BLD123-20 No BLD 123 of 2020

QIRC and Industrial Court AD/2021/13 No AD/2021/13

Mental Health Court See 5.11 – Mental Health

Court

© The State of Queensland (Department of Justice and Attorney-General) Page | 51

Note: Should there be multiple matter numbers showing on a TST, list in order on the cover
page, per:

MAGISTRATES COURT

MacCALLUM, Magistrate

MAG-00258178/18(2)

MAG-00099125/19(3)

MAG-00148204/20(3)

MAG-00143514/20(4)

THE CROWN Complainant

and

JIM SMITH Defendant

IPSWICH

9.11 AM, FRIDAY, 21 AUGUST 2020

DAY 1

© The State of Queensland (Department of Justice and Attorney-General) Page | 52

1.33 Transcript Cover Pages – Matter Name

Note: The type of party should be entered at ruler number 12 right on the same line as the
relevant party name on transcript cover pages.

The general layout for matter names is for the parties to show on separate lines.

Note: For COA Criminal Appeal matters, Supreme and District Court criminal matters
and Childrens Court (Judge) jurisdiction matters with a hearing date prior to 9 September
2022, ensure the transcript cover page shows “THE QUEEN”.

For aforementioned matters with a hearing date from 9 September 2022, transcript cover
pages should show “THE KING”.

For example:

JOHN SMITH Plaintiff

and

JIM BROWN PTY LTD Defendant

Or

THE KING

v.

JOHN SMITH Defendant

Use of “and” or “v”

The “v.” is applied between party names for matters in the Criminal Jurisdiction of the Supreme
and District Courts, the Childrens Court of Queensland and is also applied between parties on
transcripts of QCAT matters heard before a Judge.

“and” is applied between party names for all other courts and jurisdictions.

The party names will be found in the Matter Title information on the TST.

© The State of Queensland (Department of Justice and Attorney-General) Page | 53

Use of “Plaintiff”, “Respondent”, “Appellant” etcetera
Court Division Cover page party status

COA Criminal Appeal The King v. Appellant (see comment p52)

COA Civil Appeal Appellant and Respondent

SC, DC Criminal The King v. Defendant (see comment p52)

SC, DC, PE Civil Applicant and Respondent

Plaintiff and Defendant

DC Appellate Appellant and Respondent

CCJ Criminal The King v. Defendant (see comment p52)

Land Appeal Court Appellate Appellant and Respondent

Land Court Civil Applicant and Respondent
Plaintiff and Defendant

QCAT Before a Judge Applicant v. Respondent

Before all other Applicant and Respondent

Mental Health Court Other Appellant and Respondent

MAG Criminal Complainant and Defendant

Civil Plaintiff and Defendant
DVA Aggrieved and Respondent
Enforcement Enforcement and Enforcement Debtor
Hearing Creditor

Format for multiple defendants

Note: For defendants being heard together, please show all names, per:

THE KING

v.

JOHN SMITH Defendants

JAMES SMITH

JOHN BROWN

© The State of Queensland (Department of Justice and Attorney-General) Page | 54

Format for cover pages when multiple matters are heard concurrently

Should multiple, separate matters be heard together, the relevant file number/party names
should show separately on the cover page, per:

DISTRICT COURT OF QUEENSLAND

CIVIL JURISDICTION

No 23 of 2019

JIM JONES Applicant

and

PETER SMITH PTY LTD Respondent

No 454 of 2019

JOHN SMITH Applicant

and

PETER SMITH PTY LTD Respondent

No 37 of 2020

PETER SMITH PTY LTD Applicant

and

JOHN SMITH Respondent

and

XYZ Insurance Inc Respondent-by-Election

BRISBANE

etcetera

Note: Sometimes transcript cover page information continues to a second page. Should this
happen, please ensure file number/party information is complete and there are no page breaks
within.

© The State of Queensland (Department of Justice and Attorney-General) Page | 55

Examples of Matter Names in a paragraph

Matter titles on cover pages can also show as a paragraphs for bail and child protection matters,
ceremonial sittings, public examinations, Coronial Inquests, Adult Guardianship matters in
QCAT and matters in Mental Health Court. The paragraphs will usually start with the words “IN
THE MATTER OF…”.

For example:

Bail Applications

IN THE MATTER OF AN APPLICATION

FOR BAIL BY JOHN SMITH

Child Protection matters

APPLICATION FOR CHILD PROTECTION ORDER BY THE DIRECTOR

Of CHILD PROTECTION LITIGATION

RE: CHILD PROTECTION ORDER FOR JOHN SMITH

Coronial Inquests and Findings

IN THE MATTER OF AN INQUEST INTO THE CAUSE AND CIRCUMSTANCES

SURROUNDING THE DEATH OF JOHN SMITH

Public Examination matters in Magistrates Court

IN THE MATTER OF THE CORPORATIONS LAW

IN THE MATER OF (MATTER NAME)

IN THE MATTER OF THE PUBLIC EXAMINATION OF (NAME OF WITNESS)

Adult Guardianship matters in QCAT

IN THE MATTER OF JOHN SMITH

PAUL SMITH and MARY SMITH Applicants

See also: Foreign Courts - Evidence and Mental Health Court for other paragraphed cover
pages

© The State of Queensland (Department of Justice and Attorney-General) Page | 56

1.34 Transcript Cover Pages – Date and Day Number

All transcript cover pages will show the time the matter/transcript commenced two returns below
the location and the day number of the matter two returns below the Time/Date banner, per:

BRISBANE

11.32 AM, MONDAY, 30 NOVEMBER 2020

DAY 1

For transcript of “running” matters (eg, a Criminal Trial event heard over consecutive days), the
Day Number banner on cover pages will change to reflect the relevant day number of the event.

Note: Unless a “running” matter, all transcripts including revisable transcripts should show
default DAY 1 on the cover page

1.35 Transcript Cover Pages – Transcript Type

Should a transcript type also be required on the cover page, that banner will show underneath
the Day Number banner, per:

BRISBANE

11.32 AM, MONDAY, 30 NOVEMBER 2020

DAY 1

SENTENCE

Relevant Transcript Types:

• PRE-TRIAL HEARING
• PRE-RECORDED EVIDENCE
• VERDICT
• SUMMING-UP/REDIRECTIONS
• SENTENCE
• JUDGMENT
• ORDER
• RULING
• REASONS FOR FINDING (Mental Health Court only)
• DECISION
• FINDINGS (Coroners Court only)
• QIRC – per Event type on RTT

Note: See Childrens Court of Queensland for transcript types to apply to Sentence Review
submissions and order transcripts.

© The State of Queensland (Department of Justice and Attorney-General) Page | 57

Note: For Domestic and Family Violence Application transcripts a DOMESTIC VIOLENCE
APPLICATION banner will show in place of the transcript type banner (if the Hearing
transcript) or two returns under the DECISION banner, as applicable, per

Note: For Extracts or other special types of transcript (eg, Closing Addresses), do not place a
Transcript Type banner on the cover page.

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1.36 Transcript Day and Page Number Footers

A Day and Page number footer is to be applied to all pages of a transcript, commencing on the
cover page. Footers are to be centred.

Format for Day/Page Number footers is: Day Number-Page Number

Examples:

Page 37 of day 1 transcript will show as: 1-37

Page 2 of day 3 transcript will show as: 3-2

© The State of Queensland (Department of Justice and Attorney-General) Page | 59

1.37 Transcript Cover Page/Headers/Margin Designator – Judicial/Presiding Officers

COURT OF APPEAL

Cover Page Header Margin Designator

MULLINS P Mullins P THE PRESIDENT

(SURNAME) JA (Surname) JA (SURNAME) JA

Note: See Court of Appeal and 1.38 Transcript Headers

SUPREME COURT OF QUEENSLAND including MENTAL HEALTH COURT

Cover Page Header Margin Designator

BOWSKILL CJ Bowskill CJ THE CHIEF JUSTICE

A LYONS SJA A Lyons SJA HER HONOUR

(SURNAME) J (Surname) J HIS/HER HONOUR

(SURNAME) A/J* (Surname) A/J* HIS/HER HONOUR

Note: Always current list of Judges of the Supreme Court of Queensland showing date of
appointment which is used to determine seniority, following the Chief Justice, who is always the
most senior judge, regardless of appointment date.

• Note: Those judges listed as Judge of Appeal will generally hear matters in COA only.
See Court of Appeal styles.

• Note: Should a Supreme Court Judge of the Trial Division only (including the Chief
Justice) sit in COA, follow above styles, not the COA styles

Note: * only if a (generally, District Court) judge is acting temporarily as a Supreme Court
judge.

Note: See 1.38 Transcript Headers

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DISTRICT COURT OF QUEENSLAND including PLANNING AND ENVIRONMENT COURT
and CHILDRENS COURT OF QUEENSLAND

Cover Page Header Margin Designator

DEVEREAUX CJDC Devereaux CJDC THE CHIEF JUDGE

JUDGE (SURNAME) KC/SC* (Surname) DCJ HIS/HER HONOUR

JUDGE R.S. JONES** R Jones DCJ HIS HONOUR

CHILDRENS COURT OF QUEENSLAND – JUDGE RICHARDS ONLY

Cover Page Header Margin Designator

JUDGE RICHARDS, President Richards P THE PRESIDENT

Note: Always current list of Judges of the District Court of Queensland showing date of
appointment which is used to determine seniority, however, the Chief Judge is always the most
senior judge, regardless of appointment date.

Note: * KC or SC only as applicable (see above current Judge list)

Note: ** For Judge Jones only

Note: See 1.38 Transcript Headers and Childrens Court of Queensland

© The State of Queensland (Department of Justice and Attorney-General) Page | 61

LAND COURT/LAND APPEAL COURT

Cover Page Header Margin Designator

F Y KINGHAM (PRESIDENT) Kingham, President KINGHAM P

P G STILGOE OAM (ACTING Stilgoe OAM, Acting STILGOE AP

PRESIDENT) President

W A ISDALE (MEMBER) Isdale, Member ISDALE M

P G STILGOE OAM (MEMBER) Stilgoe OAM, Member STILGOE M

J R MCNAMARA (MEMBER) McNamara, Member MCNAMARA M

G J Smith (JUDICIAL REGISTRAR) Smith, Judicial Registrar SMITH JR

Note: Always current list of Land Court Membership

Note: See 1.38 Transcript Headers and Land Court/Land Appeal Court

Note: The Members above might also hear QCAT matters as Seasonal Members. Please
follow QCAT F&S in those instances.

© The State of Queensland (Department of Justice and Attorney-General) Page | 62

MAGISTRATES COURT including CHILDRENS COURT

Cover Page Header Margin Designator

(SURNAME), Chief Magistrate (Surname), Chief Magistrate HIS/HER HONOUR

(SURNAME), Deputy Chief (Surname), DCM HIS/HER HONOUR

Magistrate

(SURNAME), Magistrate (Surname), Magistrate HIS/HER HONOUR

(SURNAME), Judicial Registrar (Surname), Judicial (SURNAME) JR

Registrar

(SURNAME), Registrar (Surname), Registrar REGISTRAR

(SURNAME), JP (Surname), JP (SURNAME) JP

Note: See 1.38 Transcript Headers and Magistrates Court

Note: Always current list of Queensland Magistrates

CORONERS COURT OF QUEENSLAND

Cover Page Header Margin Designator

(SURNAME), State Coroner (Surname), State Coroner STATE CORONER

(SURNAME), Deputy State (Surname), Deputy State DEPUTY STATE

Coroner Coroner CORONER

(SURNAME), Coroner (Surname), Coroner CORONER

Note: See 1.38 Transcript Headers and Coroners Court of Queensland

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QUEENSLAND INDUSTRIAL RELATIONS COMMISSION and INDUSTRIAL COURT OF
QUEENSLAND

Cover Page Header Margin Designator

(SURNAME) P (Surname) P HIS/HER HONOUR

(SURNAME) VP (Surname) VP HIS/HER HONOUR

(SURNAME) DP (Surname) DP HIS/HER HONOUR

(SURNAME) C (Surname) C COMMISSIONER*

MR/MS (SURNAME)

Note: See 1.38 Transcript Headers, QIRC and Industrial Court of Queensland; also page 222
for QIRC Full Bench margin designators and page 226 for ICQ Full Bench margin designators

© The State of Queensland (Department of Justice and Attorney-General) Page | 64

QCAT

Cover Page Header Margin Designator

(SURNAME), President (Surname) P THE PRESIDENT

(SURNAME), Deputy President (Surname) DP DEPUTY PRESIDENT

(SURNAME), Senior Member (Surname), Senior SENIOR MEMBER

Member

(SURNAME), Member (Surname), Member MEMBER

(SURNAME), Adjudicator (Surname), Adjudicator ADJUDICATOR

(SURNAME)

(SURNAME) JP (Surname) JP (SURNAME) JP

Note: For QCAT matters heard in District Court, follow that style

Note: For QCAT matters heard in Magistrates Court, follow that style

Note: See 1.38 Transcript Headers and QCAT

© The State of Queensland (Department of Justice and Attorney-General) Page | 65

1.38 Transcript Headers

Other than the cover page(s), a header is to be applied to all transcript pages showing:

• Date of matter
• Location and Courtroom
• Presiding Officer (as applicable)

Format for transcript header pages: DDMMYYYY/Location Code+CourtNumber/Presiding

Officer

Note: Presiding Officer format is generally SURNAME + TITLE (ether in full or abbreviated),
see examples below

Court of Appeal

When only one presiding officer:

• 17122020/BSD3/Mullins P (for the President only)
• 17122020/BSD3/Bond JA (for other Justices of Appeal)

If multiple Judges are hearing a COA matter, no Presiding Officer appears in the header, per:
• 17122020/BSD3

Supreme Court (including Mental Health Court)

• 17122020/TSV3/Bowskill CJ (should the Chief Justice be presiding)
• 17122020/CNS4/North J (for all Justices)

District Court (including Planning & Environment Court) and Childrens Court of
Queensland
• 17122020/ROK4/Devereaux CJDC (should the Chief Judge be presiding)
• 17122020/SPT5/Rafter DCJ (for all Judges including Chief Magistrate when CM is hearing
District Court matters)

Note: Should Judge Richards (as President) be hearing Childrens Court matters, header for
those transcripts will be:
• 17122020/BSD18/Richards P

Magistrates Court (including Childrens Court, Murri Court, Domestic Violence Court)
• 17122020/BMC15/Gardiner, Chief Magistrate
• 17122020/TWB2/O’Shea, DCM
• 17122020/BAC1/Smith, Magistrate
• 17122020/RCH1/Smith, Judicial Registrar
• 17122020/TUL1/Smith, Registrar

© The State of Queensland (Department of Justice and Attorney-General) Page | 66

Coroners Court
• 17122020/BMC18/Ryan, State Coroner
• 17122020/BMC15/Bentley, Deputy State Coroner
• 17122020/BMC19/Clements, Coroner

Land Appeal Court

Regardless of whether the matter is heard before a Judge or a Full Bench, show only presiding
Judge in header eg:
• 17122020/BSD15/Boddice J (LAC matters are always heard by a Justice of the Supreme
Court)

Land Court
• 17122020/BMC18/Kingham, President (should President Kingham hear the matter)
• 17122020/BMC18/Stilgoe OAM, Acting President (should Acting President Stilgoe hear the
matter)
• 17122020/BMC18/Isdale, Member (should a Member hear the matter)
• 17122020/BMC18/Stilgoe OAM, Member (should Member Stilgoe hear the matter)
• 17122020/BMC18/Smith, Judicial Registrar (should a Judicial Registrar hear the matter)

QCAT
• 17122020/CAT21/Mellifont P (should Justice Mellifont, as President of QCAT, hear the
matter)
• 17122020/CAT22/Dann DP (should Judge Dann, as Deputy President of QCAT, hear the
matter)
• 17122020/CAT21/Oliver, Senior Member
• 17122020/CAT22/Smith, Member
• 17122020/CAT21/Smith, Adjudicator
• 17122020/TSV5/Smith, Judicial Registrar
• 171220202/CAT22/Smith, Justice of the Peace
• 17122020/CAB3/Smith, Magistrate (QCAT matters heard before a Magistrate)

Industrial Court and QIRC

• 17122020/IRC1/Davis P (should President Davis hear the matter)
• 17122020/IRC1/O’Connor VP (should Vice President O’Connor hear the matter)
• 17122020/IRC1/Merrill DP (should Deputy President Merrill hear the matter)
• 17122020/IRC1/Smith C (should a Commissioner hear the matter)

Note: If multiple presiding officers are hearing an Industrial Court matter, no Presiding Officer
appears in the header, per:
• 17122020/IRC1

© The State of Queensland (Department of Justice and Attorney-General) Page | 67

1.39 Change to transcript header to reflect a change in courtroom

Should a change of courtroom be necessary while a proceeding is on foot, the Judge will
generally adjourn the matter in the original courtroom and then eventually resume the matter in
a different courtroom.

The transcript will show an ADJOURNED banner with original courtroom number in the header
on that page.

When the matter resumes in the new courtroom, the transcript should continue on a new page
commencing with RESUMED banner and updated header showing new courtroom number.

© The State of Queensland (Department of Justice and Attorney-General) Page | 68

1.40 Header Codes – Court Locations

Location Code

Alpha ALP

Atherton ATH

Aurukun AUR

Ayr AYR

Badu Island BAI

Bamaga BAM

Barcaldine BAR

Brisbane Arrest Courts BAC

Beaudesert BEA

Beenleigh BEE

Biloela BIL

Birdsville BDV

Blackall BKL

Blackwater BLT

Brisbane Magistrates Courts BMC

Boigu Island BOI

Boulia BOU

Bowen BOW

QEII Courts of Law BSD

Bundaberg BUN

Burketown BUR

Caboolture CAB

Cairns CNS

Caloundra CAL

© The State of Queensland (Department of Justice and Attorney-General) Page | 69

 Location Code

Camooweal CAM

Brisbane QCAT CAT

Cherbourg CBG

Charleville CHA

Childers CHI

Chinchilla CHN

Coen COE

Cooktown CKT

Clermont CLE

Cloncurry CLO

Cleveland CLV

Coolangatta COO

Charters Towers CTW

Cunnamulla CUN

Dalby DAL

Dajarra DAJ

Darnley Island DAR

Doomadgee DOO

Duaringa DUR

Emerald EMR

Gatton GAT

Gayndah GND

Georgetown GEO

Gladstone GLA

Goondiwindi GOO

Gympie District Court GYM

© The State of Queensland (Department of Justice and Attorney-General) Page | 70

 Location Code

Gympie Magistrates Court GYM

Holland Park HPK

Hervey Bay HRV

Hope Vale HOP

Hughenden HUG

Ingham ING

Inglewood IWD

Innisfail INN

Ipswich IPS

Industrial Relations Commission IRC

Julia Creek JUL

Kingaroy KIN

Kowanyama KOW

Lockhart River LOC

Longreach LON

Mabuiag Island MBI

Mareeba MAR

Maryborough MBH

Maroochydore MCY

Mer Island MRI

Moa Island MOI

Mount Garnett MGA

Mount Isa MIS

Mackay MKY

Millmerran MIL

Mitchell MIT

© The State of Queensland (Department of Justice and Attorney-General) Page | 71

 Location Code

Moranbah MOR

Mornington Island MNI

Mossman MOS

Murgon MUR

Nambour NAM

Nanango NAN

Noosa NOO

Normanton NOR

Oakey OAK

Palm Island PAL

Pine Rivers PIN

Pittsworth PIT

Proserpine PRO

Pormpuraaw POM

Poruma Island PRI

Quilpie QUI

Ravenshoe RAV

Richlands RCH

Richmond RMD

Redcliffe RED

Rockhampton ROK

Roma ROM

Sabai Island SAB

Sarina SAR

Sandgate SAN

St George SGO

© The State of Queensland (Department of Justice and Attorney-General) Page | 72

 Location Code

Southport SPT

Springsure SPI

Stanthorpe STA

Tambo TAM

Taroom TAR

Thursday Island TIL

Tully TLY

Townsville Supreme & District

Courts TSV

Townsville Magistrates Court TSV

Toogoolawah TOG

Toowoomba TWB

Warraber Island WBI

Warwick WAR

Weipa WPA

Winton WIN

Woorabinda WOO

Wujal Wujal WUJ

Wynnum WYN

Yam Island YAM

Yarrabah YAR

Yeppoon YEP

Yorke Island YOR

© The State of Queensland (Department of Justice and Attorney-General) Page | 73

1.41 Unidentified Speaker

If a person whose voice cannot be recognised speaks, show in margin:

UNIDENTIFIED SPEAKER:

Do not designate Mr/Ms/Male/Female. Once a speaker has been identified, use their
designation from that point onwards. Do not return to earlier portions of the transcript to amend
any unidentified speaker entries.

1.42 Verbatim transcript

DJAG clients require a verbatim transcript.

This includes typing contractions as they are said. All contractions are acceptable except for the
double contractions such as “wouldn’t’ve”, “couldn’t’ve”, “shouldn’t’ve”.

Sounds such as “ah”, “um”, “er” are not transcribed. “oh” can be transcribed but should be used
sparingly for all speakers.

Note that “what’s” as in “what does” is an acceptable contraction.

Verbatim – Revisable Transcripts

Include all false starts, repetitions and changes of thought by all speakers that occur during
revisable transcript.

Judicial officers should be typed as saying “yes” and “no”, not “yeah”, “nope”, “nuh” and
contractions should be transcribed in full unless it would transcribe as an absurdity.

For example, the following statement contains an absurdity:

“Sometimes, when we get a fright, we jump like that, do not we?”

Although contractions in revisable transcript should be spelled out in full, the correct format in
this instance would be:

“Sometimes, when we get a fright, we jump like that, don’t we?”

© The State of Queensland (Department of Justice and Attorney-General) Page | 74

Verbatim – Tidying Up non-revisable transcript

Judicial officers should be typed as saying “yes” and “no”, not “yeah”, “nope”, “nuh”. For all
other speakers, type as said.

The following informal contractions should be transcribed in full for all speakers:

gonna going to
wanna want to
gotta got to
hadda had to
dunno don’t know
woulda would have
shoulda should have
coz/’cause because
Verb forms ending in “ing” said as (for Transcribe in full (for example): talking, thinking,
example): talkin’, thinkin’, fishin’, shootin’ fishing, shooting
“would of”, “could of” and “should of”, while grammatically incorrect, should be transcribed
verbatim and not tidied up to “would have”, “could have” or “should have”

Minor tidying up of counsel and the judicial officer is accepted where the sound “mmm/mmm-
hmmm”, stumbles, stuttering or repetitive starts of identical words occur, but never evidence of
a witness. Part words spoken by a witness are to be transcribed.

Some examples of minor tidying up by a judicial officer or counsel:

What was said HIS HONOUR: The – the evidence so far.

Tidied to HIS HONOUR: The evidence so far.

What was said MR BROWN: If I can hand to - up to your Honour

Tidied to Stumble/repetition was not identical words and sentence should not
be tidied up.

What was said DEPUTY PRESIDENT: Were you going to take me – take me
through the document?
Tidied to DEPUTY PRESIDENT: Were you going to take me through the
document.

What was said MR SMITH: Your Honour, if I – I – I – I could hand that up.
Tidied to MR SMITH: Your Honour, if I could hand that up.

What was said Question?---He shou – shouted – screamed at the chil – kids.
Tidied to Witness part words are to be transcribed

See also 1.17 – Made-Up Words, 3.18 – Non-Words and Youse/Yous

1.43 [sic]

[sic] is not to be used under any circumstances in DJAG transcripts.

© The State of Queensland (Department of Justice and Attorney-General) Page | 75

1.44 Word List

For uniformity, the words below are to be typed in transcript as shown. Initial capitals are
indicated where appropriate. If in doubt about words not listed, use the Macquarie Online
Dictionary as a reference: www.macquariedictionary.com.au

a
AD(JR) Act – Administrative Decisions any time
(Judicial Review) Act anyhow
a while Anzac
appealable / appellable
Aboriginal / Aborigine appeal book
apropos
abovementioned arm’s length
army
adviser Australian Army
aeroplane artefact
aide-mémoire audiovisual
aircrew au fait
air force AusAID
air-condition AusIndustry
all right Aussat
Anshun estoppel Austel
antidepressant AustLII (legal database)
anti-inflammatory Australian Government
Anton Piller
Australian Air Force
any more

b
backdate bated breath
bankcard – blah, blah, blah
(the generic term for a general-purpose credit card bloodstain
issued by a financial institution) bookkeeper
bar table bulkhead
barcode by the by
c
café Commission (when party to a proceeding)
car park Commissioner (of Taxation)
carte blanche Commonwealth
capex Commonwealth Government
CAT scan ComSuper
cc’d Constitution (Australian Constitution)
CD-ROM Convention (Human Rights, Hague)
cestui que trust (pronounced settee-kay coordinate
or ses-tee kay) cooperate
chequebook court
child care counter-claim
chose in action counter-offer
Christmases (plural) courthouse
collarbone courtroom
Comcar courtyard
Comcare creditors’ meeting

© The State of Queensland (Department of Justice and Attorney-General) Page | 76

 commonplace cross-claim
commonsense cross-examination
Court of Appeal Crown

d
database demark
day to day (from) Deputy Commissioner (taxation)
day-to-day (events) desuetude (state of disuse)
decision-maker diazepam
Defence, Department of disc (both computer and medical)
defence force (Australian Defence Force) dispatch / to dispatch
defence forces draft / draftsman / drafting
delegate of the secretary DSM-IV
demarcation DSM-5
e
eff or effing (when full word not used) etcetera
effluxion (of time) evidence-in-chief
email examination-in-chief
e-commerce ex parte
e-court Excel spreadsheet
eLodgement ex tempore
e-ticket
f
family trust flier
(but the Smith Family Trust) focused / focusing
Federal Government forex (foreign exchange)
Federal Police Fourex (beer brand)
fifty-fifty Full Bench
fingerprint Full Court

g h
guideline halfway
goodwill holus-bolus
Google hot tub
to google hot tubbing
i
ill feeling insofar as
ill health Inspector-General (of Taxation)
ill will Instalment

ill-treat internet
inasmuch as inter partes
inquiry intervenor

j k
jail Kafkaesque
Job Search (program) know-how
judgment ks (abbreviation of “kilometres when said as
“kays”)
l
leasehold
Local Government
lunchtime

© The State of Queensland (Department of Justice and Attorney-General) Page | 77

 m
marketplace Messrs (plural of Mr)
Mareva (injunction) Minister (of the government)
Markuleski direction misstatement
MasterCard moneys
McDonald’s (restaurant) multidisciplined
medivac/medivacced mum
mil (short for millimetre)
mill (short for million)
n
NASDAQ Net (the internet)
native title (general)
Native Title Act Newstart
Native Title Tribunal New Year’s Day
naught (came to naught) New Year’s Eve
navy no one
Australian Navy No. as in “number”: (for case citations only,
where applicable)
Chamberlain v The Queen (No. 1) (1983)

o
Official Receiver
okay
on to
onto (position)
online
osteoarthritis
p
Parliament post-traumatic stress disorder
party/party policyholder
Patent Office pre-sentence, pre-trial
pay sheet printout
payout pro forma
payslip program
per cent programmed
percentage programming
plainclothes

q r
Qantas real McCoy
quoad re-examination
QPRIME (Qld Police information management relist
system) res judicata
rider (attachment, amendment)
right-hand side
rollover
s
scattergun approach State Government
Scott schedule straightaway
section straight-out
service pension subclause
shareholders agreement subparagraph, subpoint
SkillShare subrule, subset
sometimes (adverb) subsection

© The State of Queensland (Department of Justice and Attorney-General) Page | 78

 stakeholder

t
Tax/Taxation Department tortfeasor
Tax/Taxation Office trademark
taxpayer Trade Marks Act
the Bar (for practising barristers) tribunal
the Web triple O
till (as in until) trust deed
time sheet trustee
timeframe trustee de son tort
toing and froing trustee in bankruptcy
tonne (unless specified otherwise) twofold
u v
uppermost video conference
uberrima fides (utmost good faith) video link
videotape
vis-à-vis
w
watch-house witness box
the Web WorkCover
website WordPerfect
Wednesbury (principle) workforce
weekend World War II
wellbeing World Wide Web
whereabouts Writeway Report
White Paper
x y
X-ray yadda yadda yadda

© The State of Queensland (Department of Justice and Attorney-General) Page | 79

One word or two
any more I’m not going to repeat myself any more.
(always two words) It doesn’t matter any more because I have finished.

anyway/anyhow meaning “nevertheless” or “nonetheless”

Will you be going anyway?
Anyhow, that wasn’t my intention

any way in any manner

Is there any way to progress this matter?

maybe (adverb) meaning “perhaps” or “possibly”

Maybe I will hear the matter later this week.
Maybe I will; maybe I won’t.

may be (verb phrase) meaning “might be” or “could be”

I may be able to hear the matter later this week

sometimes (adverb) from time to time; now and then; occasionally

Sometimes we do; sometimes we don’t.

some time (adjective + noun)

We will deal with that at some time in the future
Do we have some time to deal with that matter today?

All right It is not all right to use alright in place of all right in standard English.

© The State of Queensland (Department of Justice and Attorney-General) Page | 80

1.45 Watermarks

Watermarks are to appear on all pages (including cover page) of a transcript when required.

All revisable transcripts initially generated by TSPs will show an UNREVISED watermark.

Watermarks should be able to be removed/edited via the general “Watermark” drop down
options within the “Design” tab in MS-Word.

DJAG (Recording and Transcription Services - RTS) will manage the revision process for all
revisable transcripts and will amend transcript watermark to REVISED or Issued Subject To
Correction as appropriate prior to distribution of transcript.

Transcripts of the following restricted matters will show a RESTRICTED watermark:

• Mental Health Court Hearing and Reasons For Finding transcripts

• Pre-recorded evidence transcript
• S13 or S16AC sentence or sentence submission transcripts
• All Childrens Courts transcripts (both CCM and CCJ jurisdictions)
• Transcripts of DFV applications heard in Magistrates Court
• Any transcript further to above where the Court was closed, except criminal trial transcripts
where court was closed when complainant(s) gave evidence or audio of complainant
evidence was played
• Any transcript as advised by RTS

Watermarks should be applied diagonally to each page of a transcript, per:

• UNREVISED (to be applied by TSPs to all revisable transcripts when first generated)
o Capitalised, Times New Roman, size 80

• REVISED (RTS will amend the unrevised watermark when revisions have been finalised)
o Capitalised, Times New Roman, size 80

• RESTRICTED (to be applied by TSPs to all restricted transcripts: see above)

o Capitalised, Times New Roman, size 80

Note: For Revisable transcripts that are also restricted (eg, a Mental Health Court Reasons For
Finding transcript), an UNREVISED/RESTRICTED watermark is to be applied to the
transcript in Times New Roman, size 48.

Note: RTS will amend watermarks as required within transcript revision process.

• Transcripts will be amended to show an ISSUED SUBJECT TO CORRECTION

watermark as applicable
o Capitalised, Times New Roman, size 40 so that watermark is on one line

• Should an UNREVISED/RESTRICTED watermark be amended to ISSUED SUBJECT

TO CORRECTION/RESTRICTED
o Times New Roman, size 40 with ITSC above Restricted across the page

© The State of Queensland (Department of Justice and Attorney-General) Page | 81

Example of watermark on cover page of transcript:

© The State of Queensland (Department of Justice and Attorney-General) Page | 82

SECTION 2: WITNESS EVENTS

2.1 Swearing In/Affirming/Calling Witnesses

• Sworn: the witness swears on the Bible, or other religious document, to tell the truth.

• Affirmed: the witness chooses not to swear on the Bible, or other religious document, and
makes an affirmation to tell the truth.

• Called: A Witness might initially be CALLED for enquiries to be made by presiding officer
and then at a later point SWORN or AFFIRMED. Should counsel state: “I call Mr Smith”
preparatory for a witness to be sworn/affirmed and the give evidence, the CALLED banner
is not to be applied. See Child Witness for further information regarding application of
CALLED banner.

Banners in transcripts to show whether a witness has been sworn etcetera are WITNESS
BANNERS and examples follow:

JOHN SMITH, SWORN [11.10 am]

or

JOHN SMITH, AFFIRMED [11.22 am]

or

JOHN SMITH, CALLED [12.13 pm]

or

JOHN SMITH, SWORN THROUGH INTERPRETER [11.22 am]

• Always commence evidence of a new or recalled/resworn witness on a new transcript page

from the WITNESS BANNER

• Always type the witness’s full name, but note that their title – Mr, Ms, Dr, Professor, etcetera
– is not included.

• The time is always indicated on the right-hand side of the page for the initial WITNESS
BANNER

• A WITNESS BANNER contains the full name of a self-represented party, not the wording
DEFENDANT, APPELLANT, RESPONDENT.

• If a witness has not been formally called and addresses the court before they are
sworn/affirmed (for example, witness is in the box prior to swearing in/affirmation and Judge
enquires if they can hear), witness name should appear in the margin (for example: MR
SMITH or MS SMITH) and transcribe exchange in wall-to-wall format

© The State of Queensland (Department of Justice and Attorney-General) Page | 83

Summary of when Time Stamps apply to Witness and/or Evidence
Banners

WITNESS BANNERS:

• Initial WITNESS BANNERS (eg, SWORN/AFFIRMED/CALLED or … THROUGH

INTERPRETER) require a time stamp

• WITNESS BANNERS where a witness has been recalled/resworn require a time stamp

• WITNESS CONTINUING BANNERS will show a time stamp

o No time stamp is required for a WITNESS CONTINUING BANNER when entered
directly after a RESUMPTION BANNER

EVIDENCE BANNERS:

• All EVIDENCE BANNERS (other than banners following an initial WITNESS BANNER or
WITNESS CONTINUING BANNER examples per above) require a time stamp

WITNESS BANNERS – VOIR DIRE

• Initial WITNESS BANNERS require a time stamp

• WITNESS CONTINUING BANNER (following an adjournment but where the jury has not yet
returned) does not require a time stamp
• WITNESS CONTINUING BANNER (at conclusion of Voir Dire and jury has returned) does
not require a time stamp

EVIDENCE BANNERS – VOIR DIRE:

• All EVIDENCE BANNERS (other than banners following an initial WITNESS BANNER or
WITNESS CONTINUING BANNER examples per above) require a time stamp

© The State of Queensland (Department of Justice and Attorney-General) Page | 84

Child witness

The WITNESS NAME, CALLED banner is used principally in pre-recorded evidence

transcripts where a child will be giving evidence and where the judicial officer speaks to a child
witness prior to swearing in/affirmation to explain (for example) how the evidence process will
proceed; who are the counsel; ascertain whether the child witness understands the concept of
telling the truth and/or determines whether the child may take an oath or affirmation.

There may be instances in general criminal matters where potential adult witnesses are also
CALLED for the same reasons.

In all instances where a CALLED banner applies, it would be the Presiding officer only speaking
with the potential witness.

Should Counsel state they wish to “call” a particular witness (for example: “The Crown calls
John Smith” and the Presiding officer then enquires as to whether (eg) the witness is
comfortable, or can they hear etcetera prior to the witness being sworn/affirmed, the CALLED
banner is not to be applied and the exchange is transcribed in wall-to-wall format until the
witness is sworn/affirmed and the transcript reads for itself.

JOHN SMITH, CALLED [9.00 am]

HER HONOUR: Hello, John?---Hello.

(transcribe exchange between Judge and witness in Q&A format)

Footer for when a person is CALLED

(exchange between Judge and witness in Q&A format)

_____________________________________________________________________________
(blank) 1-7 WIT: SURNAME A B

If it is then decided that the child is capable of taking an oath after the discussion show:

JOHN SMITH, SWORN [9.15 am]

EXAMINATION-IN-CHIEF BY MR JONES

© The State of Queensland (Department of Justice and Attorney-General) Page | 85

If the child does not take an oath after the initial discussion with the judicial officer, show:

JOHN SMITH [9.33 am]

EXAMINATION-IN-CHIEF BY MR JONES

If the child witness appears via video link from a different location and the judicial officer asks
the child to leave while they discuss something, use the WITNESS STOOD DOWN banner.
When the child returns to the video link, use the WITNESS NAME, CONTINUING banner
with the applicable stage of examination.

© The State of Queensland (Department of Justice and Attorney-General) Page | 86

2.2 Stages of Examination

XN Examination-in-chief (witness’s own counsel)

XXN Cross-examination (opposing counsel)
RXN Re-examination (witness’s own counsel)
FXN Further examination-in-chief (witness’s own counsel – FXN occurs when RXN/FRXN has
concluded and counsel wishes to continue XN to adduce evidence unrelated to initial XN or
when the witness has been excused and then recalled at a later stage of the matter)
FXXN Further cross-examination (opposing counsel)
FRXN Further re-examination (witness’s own counsel)

Note: any of these stages may be omitted. For example, a witness may be sworn and
examined in-chief, but opposing counsel may not wish to cross-examine, or a witness may be
examined in-chief and cross-examined, but their own counsel may not wish to re-examine. Note
also that further examination-in-chief and further cross-examination do not occur with all
witnesses.

Lengthy evidence may include the following stages of evidence:

XN
XXN
RXN
FXXN
FRXN
FXXN
FRXN
WITNESS EXCUSED

Should the witness then be recalled at a later stage:

FXN
FXXN
FRXN
FXXN
FRXN
WITNESS EXCUSED

Banners showing stage of evidence in a transcript are known as EVIDENCE BANNERS.

Format for Evidence Banners

Stage of evidence and name of counsel flush left and time (if applicable) flush right

EXAMINATION-IN-CHIEF BY MR SURNAME
(Note: No time notation for XN banner as the time is shown against the witness banner)

CROSS-EXAMINATION BY MR SURNAME [11.05am]

RE-EXAMINATION BY MR SURNAME [11.05am]

FURTHER EXAMINATION-IN-CHIEF BY MR SURNAME [11.05am]

FURTHER CROSS-EXAMINATION BY MR SURNAME [11.05am]

FURTHER RE-EXAMINATION BY MR SURNAME [11.05am]

© The State of Queensland (Department of Justice and Attorney-General) Page | 87

Format for Evidence Footers

Stage of evidence abbreviation and name of counsel flush left and name of witness flush right

Evidence-in-Chief

(XN evidence in Q&A format)

_____________________________________________________________________________
XN: MR SMITH 1-7 WIT: SURNAME A B

Cross-Examination

(XXN evidence in Q&A format)

_____________________________________________________________________________
XXN: MR SMITH 1-7 WIT: SURNAME A B

Re-Examination

(RXN evidence in Q&A format)

_____________________________________________________________________________
RXN: MR SMITH 1-7 WIT: SURNAME A B

Further Examination-in-Chief

(FXN evidence in Q&A format)

_____________________________________________________________________________
FXN: MR SMITH 1-7 WIT: SURNAME A B

Further Cross-Examination

(FXXN evidence in Q&A format)

_____________________________________________________________________________
FXXN: MR SMITH 1-7 WIT: SURNAME A B

© The State of Queensland (Department of Justice and Attorney-General) Page | 88

Further Re-Examination

(FRXN evidence in Q&A format)

_____________________________________________________________________________
FRXN: MR SMITH 1-7 WIT: SURNAME A B

Note: As many evidence footers as required to show all stages of evidence on a page should
appear at the bottom of the page

© The State of Queensland (Department of Justice and Attorney-General) Page | 89

The EVIDENCE BANNER should generally immediately follow the WITNESS BANNER unless
lengthy discussion occurs between counsel and/or his/her Honour before the stage of examination
commences. Minor introductory comments by the presiding member or counsel should not come
between these two event lines.

MR JONES: Your Honour, I call John Smith.

JOHN SMITH, SWORN [11.45 am]

EXAMINATION-IN-CHIEF BY MR JONES

MR JONES: Mr Smith - - -?---Yes.

(evidence continues)

HIS HONOUR: Yes, Ms Green.

CROSS-EXAMINATION BY MS GREEN [12.13 pm]

MS GREEN: Is your Honour proposing to deal with the matter after Mr Smith’s evidence?

Minimum Evidence to appear on a page of transcript

Note: Should evidence status change on a page of transcript (eg XN to XXN), the
relevant EVIDENCE BANNER (including the CONTINUING BANNER, if applicable) as well
as one sentence of question or question and answer must appear on the page, otherwise
commence on a new page.

Following examples are incorrect and the evidence should commence on a new page of
transcript

(XN evidence in Q&A format)

CROSS-EXAMINATION BY MS JONES [11.50 am]

_____________________________________________________________________________
XN: MR SMITH 1-7 WIT: SURNAME A B
XXN: MS JONES WIT: SURNAME A B

OR

© The State of Queensland (Department of Justice and Attorney-General) Page | 90

 (XN evidence in Q&A format)

CROSS-EXAMINATION BY MS JONES [11.50 am]

MS SMITH: Thank you, your Honour. (Q&A with witness commences on next page)
_____________________________________________________________________________
XN: MR SMITH 1-7 WIT: SURNAME A B
XXN: MS JONES WIT: SURNAME A B

Following example is correct:

(XN evidence in Q&A format)

CROSS-EXAMINATION BY MS JONES [11.50 am]

MS SMITH: Thank you, your Honour.

Witness, could you state your name, address and age, please?---My name is Jim Brown and I
(witness answer continues on next page)
_____________________________________________________________________________
XN: MR SMITH 1-7 WIT: SURNAME A B
XXN: MS JONES WIT: SURNAME A B

© The State of Queensland (Department of Justice and Attorney-General) Page | 91

2.3 Telephone Conference/Video Link evidence

These banners are used solely in relation to witness evidence. For non-witness parties who
appear by telephone/video link no banner entry is needed.

Do not include the administrative discussion that the bailiff/associate has with a witness when
they initially establish contact on the phone. This is covered by the entry of the witness event
banner.

Just prior to each applicable witness event line, enter:

CONDUCTED VIA TELEPHONE CONFERENCE

JOHN SMITH, SWORN [12.33 pm]

EXAMINATION-IN-CHIEF BY MR BROWN

OR

CONDUCTED VIA VIDEO LINK

JOHN SMITH, SWORN [12.33 pm]

EXAMINATION-IN-CHIEF BY MR BROWN

Note: if the video link is cut prior to a witness being formally excused or stood down, do not use
a witness excused/stood down banner. Let the transcript speak for itself. The witness
excused/stood down banner will be used in the normal way when the witness eventually leaves
the witness box.

Note: it is not necessary to show the medium in further evidence banners for that witness on
the day, however, if the witness continues giving evidence on following days, the medium
banner should appear before the first WITNESS CONTINUING evidence banner.

2.4 Closed-circuit television link evidence

Protected/Special Witness

Sometimes witnesses are placed in a room containing a television monitor and camera. The
witness is able to see and hear the person asking questions from the courtroom, and all persons
in the courtroom are able to see and hear the witness. The purpose is to enable the witness to
give evidence without feeling intimated by the atmosphere of the courtroom and the presence of
the accused.

Note: Child witnesses are always examined via CCTV.

© The State of Queensland (Department of Justice and Attorney-General) Page | 92

When the witness is located in the same building as the courtroom, but a different room, and is
sworn/affirmed/called, show, for example:

CONDUCTED VIA CLOSED-CIRCUIT TELEVISION

JOHN SMITH, SWORN [10.23 am]

EXAMINATION-IN-CHIEF BY MR GREEN

When the witness is in a different building altogether, whether in the same geographical location
(eg, city) or not use the CONDUCTED VIA VIDEO LINK format:

Note: if you do not know the location of the protected witness, the default option is the closed-
circuit TV wording.

Note: it is not necessary to show the medium in further evidence banners for that witness
however, if the witness continues giving evidence on following days, the medium banner should
appear before the first WITNESS CONTINUING evidence banner.

© The State of Queensland (Department of Justice and Attorney-General) Page | 93

2.5 Question and Answer Format

Immediately after a single witness is sworn or affirmed, the questions directed to the witness,
together with the answers, are shown in question and answer format. This format should not be
departed from whenever the witness responds directly to a question from either counsel or
Judge.

Any questions from the presiding officer should remain in Question and Answer format. The
only time wall to wall format would be used would be when multiple witnesses are heard
together or when an interpreter is being used.

No stage of examination is used for questions asked by a presiding officer.

The speaker’s name must be entered in the left margin after a witness event entry.

The ?--- symbol is placed between the question and the answer, with no spaces in between.

Question and answer format applies whether questions are interrogative or declarative.

Words that come to the left of the symbol ?--- are given by the interviewer, usually counsel or
the presiding member. Words that come to the right of the symbol ?--- are the witness’s
answers.

It is necessary to show every change of speaker.

Remember: a question to a single witness and the witness’s answer is never paragraphed, no
matter how long the question or answer is.

If introductory questions regarding the witness’s full name and address are asked by a court
officer, these must be transcribed.

JOHN SMITH, SWORN [11.10 am]

EXAMINATION-IN-CHIEF BY MS GREEN

MS GREEN: Your full name is John Smith?---That’s correct.

And you live at Flat 1, 10 Black Street, Farmdale?---Yes, that’s right.

What is your occupation?---I’m a company director.

HIS HONOUR: Mr Black, would you say that again, please?---Yes. I’m a company
director.

© The State of Queensland (Department of Justice and Attorney-General) Page | 94

When a witness speaks “out of turn”, ie, when a question is not directed to them, enter
WITNESS: in the margin. If/when the witness is directly addressed, resume normal question
and answer layout.

MS GREEN: Your Honour, may we have an adjournment?

HIS HONOUR: Yes.

WITNESS: But I want to continue my answer.

HIS HONOUR: Is there a particular reason that it can’t wait?---No, I suppose not.

MS GREEN: Your Honour, a few more minutes won’t matter.

HIS HONOUR: Thank you, Ms Green, but that won’t be necessary.

WITNESS: This is just ridiculous.

When a speaker has been addressing someone other than the witness and then turns to speak
to the witness, go down two lines and start a new question.

MS GREEN: Your name is John Smith?---That’s correct.

Your Honour, before I continue, I should tell you that we may need to interpose another
witness before Mr Smith completes his evidence.

Now, Mr Wilson, you live at Flat 1, 10 Black Street, Farmdale?---Yes, that’s right.

However, when a speaker has been addressing the witness and then turns to another person,
for example, the judge or presiding member, it is not necessary to go down two lines. Simply
continue in the same paragraph:

MS GREEN: Good morning, Mr Smith. I am only going to ask you a few questions this
morning. Your Honour, before I continue, I should tell you that we may need to interpose
another witness before Mr Smith completes his evidence.

HIS HONOUR: Thank you, Ms Green.

MS GREEN: Mr Smith, your full name is John Smith?---Yes.

And you live at Flat 1, 10 Black Street – sorry. Your Honour, I should also say that the next
witness will be giving evidence by telephone.

Self-represented defendant as witness

If the self-represented defendant is in the witness box he or she becomes a witness and is treated
the same way as any other witness. If the defendant speaks out of turn when in the witness box,
use the entry of WITNESS: in the margin

© The State of Queensland (Department of Justice and Attorney-General) Page | 95

Witness leaves courtroom
Sometimes a witness giving evidence leaves the courtroom temporarily (for example, the judicial
officer may want to have a discussion with counsel in the witness’s absence or the witness may
need to retrieve something from outside, or the judicial officer may inform the witness that they
can leave the box for the lunch break or morning tea break), but has not been formally excused
or stood down by the Judge.

If an adjournment occurs, only use this banner if the witness has been specifically asked to
leave the box prior to an adjournment.

Two clear lines either side:

WITNESS LEAVES COURTROOM [10.34 am]

© The State of Queensland (Department of Justice and Attorney-General) Page | 96

Witness continuing
Use this banner if any of the following occurs:

• When the witness returns and continues giving evidence when the witness has temporarily
left and returned to the witness box during a session where there was no
adjournment/resumption

• After a short break/adjournment, when the witness returns and continues giving evidence

• After another witness has been interposed

JOHN SMITH, CONTINUING [11.22 am]

CROSS-EXAMINATION BY MR JONES

When a court resumes with a continuing witness in the box and there is legal discussion prior to
resumption of evidence and/or the jury has not yet returned, insert the CONTINUING banner
immediately after the resumption of the court not at the point at which the jury returns or
evidence resumes.

For example:

RESUMED [11.22 am]

JOHN SMITH, CONTINUING

(legal or general discussion between Judge and Counsel)

THE JURY RETURNED [11.25 am]

HIS HONOUR: Yes, Mr Jones.

CROSS-EXAMINATION BY MR JONES

(XXN continues)

© The State of Queensland (Department of Justice and Attorney-General) Page | 97

Similarly, if one stage of examination concluded at an adjournment and the next stage doesn’t
begin immediately upon resumption, enter the “continuing” banner below the resumption banner
to show that the witness is physically in the witness box. When the next stage of examination
begins, enter the appropriate stage of examination banner and its commencement time at that
point.

For example:

(XN had concluded prior to court adjournment)

RESUMED [11.22 am]

JOHN SMITH, CONTINUING

(legal or general discussion between Judge and Counsel)

THE JURY RETURNED [11.25 am]

HIS HONOUR: Yes, Mr Jones.

CROSS-EXAMINATION BY MR JONES

(XXN continues)

© The State of Queensland (Department of Justice and Attorney-General) Page | 98

The only time a CONTINUING banner would start somewhere other than immediately after the
RESUMED banner would be if the witness physically entered the witness box at a point after the
resumption time (eg, the court has resumed without the witness, there has been legal
discussion between Judge and Counsel, then the witness is called back to the witness box prior
to jury returning)

For example:

RESUMED [11.22 am]

(witness is not in the box)

(legal argument between Judge and Counsel)

HIS HONOUR: Thank you. Let’s have the witness back.

JOHN SMITH, CONTINUING [11.24 am]

THE JURY RETURNED [11.25 am]

HIS HONOUR: Yes, Mr Jones.

CROSS-EXAMINATION BY MR JONES

(XXN continues)

Note: no time notation is needed on the “continuing” banner line when entered directly after a
resumption banner.

RESUMED [10.34 am]

JOHN SMITH, CONTINUING

CROSS-EXAMINATION BY MR JONES

© The State of Queensland (Department of Justice and Attorney-General) Page | 99

Witness recalled and re-sworn

If the witness has been excused and is then recalled and resworn, show:

JOHN SMITH, RECALLED AND RESWORN [3.33 pm]

FURTHER (STAGE OF EVIDENCE) BY MR JONES

If the witness is continuing evidence from a prior day and is resworn, use the following banners:

JOHN SMITH, RESWORN [3.33 pm]

CONTINUING (STAGE OF EVIDENCE) BY MR JONES

At the conclusion of evidence

When a witness has concluded their evidence, the banner should reflect what the Judicial
Officer stated:

WITNESS EXCUSED [4.45 pm]

WITNESS STOOD DOWN [5.01 pm]

If the Judicial Officer is not clear as to whether the witness is excused or stood down (eg,
Judicial Officer states, “You can go”) no banner should be included and the transcript will read
for itself.

© The State of Queensland (Department of Justice and Attorney-General) Page | 100

Witness stood down
The banner WITNESS STOOD DOWN is used in the following situations:

• When a witness has finished giving evidence but is not excused because he/she may be
required to give further evidence at a later stage of the proceedings.

• When the current witness whose evidence is incomplete is asked to leave the courtroom so
another witness may be interposed.

• At the end of the evidence of a witness who is a defendant.

At the end of the day

When a witness is still being examined but the hearing ends for the day, do not enter any
witness withdrawn notation. Conclude with an adjourned UNTIL banner.

Hostile witness

A hostile witness is a witness who appears to be refusing to fully testify in support of the party
who called them or testifies in a way that significantly differs from their pre-trial statement.

Counsel make an application to the court in the absence of the jury that the witness be declared
hostile and (most usually) seek leave to cross-examine the witness under voir dire.

Should the judicial officer grant leave for counsel to cross-examine their own witness, further
questions by counsel take the form of examination-in-chief on voir dire.

Opposing counsel will have the right to cross-examine the witness on voir dire, and counsel who
originally called the witness may then re-examine on voir dire if required.

The judicial officer will then rule if the witness is hostile. The jury returns and the judicial officer
may direct the jury as to weight/relevance of previous evidence and evidence then continues.

Subpoena duces tecum

When subpoenaed documents are provided to the court, the person representing the institution
supplying those documents is called, then examined. Relevant evidence footers apply.

JOHN SMITH, CALLED [9.38 am]

EXAMINATION BY MR JONES

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2.6 Wall to wall Format

Wall to wall format is the basic style of transcript where each speaker is identified in the margin.

Wall to wall format is used for all transcript, except where a single witness is called to give
evidence, or when otherwise specified by a client.

Dialogue in wall to wall transcript is paragraphed in the normal way based on context and
content.

HER HONOUR: Mr Jones, you are for the applicant?

MR A. JONES: Good morning, your Honour. Yes, I appear for the applicant in these
proceedings.

MR A. BROWN: Good morning, your Honour. I appear for the respondents.

HER HONOUR: For the respondents. Is the matter going to be contested, Mr Brown?

MR BROWN: Yes, it is, your Honour.

© The State of Queensland (Department of Justice and Attorney-General) Page | 102

Multiple Witnesses
In the unusual event more than one witness is sworn/affirmed/called to give evidence at the
same time, the transcript is in wall to wall format. For example:

JOHN SMITH, SWORN [11.15 am]

PETER JONES, SWORN [11.15 am]

JAMES GREEN, AFFIRMED [11.15 am]

EXAMINATION-IN-CHIEF BY MS WHITE

MS WHITE: Good morning, gentlemen. Please introduce yourself to his Honour and
describe your particular area of expertise, starting with you, Mr Smith.

MR SMITH: My name is John Smith, and I’m a company director with a background in
accounting.

MR JONES: I’m Peter Jones. Most of my experience is in the area of financial analysis.

MR GREEN: James Green. My specialty is in planning.

Footer for multiple witnesses

(XN evidence in wall-to-wall format)

_____________________________________________________________________________
XN: MS WHITE 1-7 WIT: SURNAME A B
WIT: SURNAME A B
WIT: SURNAME A B

Witnesses should be shown in footers alphabetically by surname.

© The State of Queensland (Department of Justice and Attorney-General) Page | 103

If the witnesses leave the witness box together:

WITNESSES EXCUSED 12.10 pm]

If the witnesses leave the witness box at different times:

WITNESS WILSON EXCUSED [12.10 pm]

Note: If evidence is adduced from individual and multiple witnesses during a matter, the
transcript can show both Q&A format for individual witnesses and wall-to-wall for
multiple witnesses as required.

© The State of Queensland (Department of Justice and Attorney-General) Page | 104

2.7 A self-represented party

When a person appears on his/her own behalf, evidence can be given in two ways:

The witness can be examined by the presiding member or read from a statement, and then
cross-examined by the opposing barrister/solicitor/advocate.

In these circumstances, the transcript speaks for itself and there is no special banner.

JOHN SMITH, SWORN [9.40 am]

HIS HONOUR: Witness, what do you recall about the night in question?---Everything.

(Q&A format occurs between his Honour and the witness until his Honour concludes his
questioning)

CROSS-EXAMINATION BY MR JONES [10.00 am]

MR JONES: You say you recall everything… (etcetera)

Plaintiff, defendant, respondent as witness

When a party gives evidence, treat as a witness in every respect.

If the witness speaks out of turn, enter in the left margin as:

WITNESS: (not DEFENDANT)

When the self-represented party gives a statement from the witness box, there is no special
banner, with the evidence continuing in question and answer format, as normal, following the
witness being sworn.

Note: wording in banner entries is DEFENDANT, not THE DEFENDANT.

Footer format for when self-rep is reading from a prepared statement or examined by the
presiding member is:

_____________________________________________________________________________
(blank) 1-7 WIT: SURNAME A B

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2.8 Interpreted Evidence

An interpreter may be sworn early in a matter or immediately before or after the swearing of the
witness whose evidence is to be interpreted.

A transcript containing interpreted and non-interpreted witness evidence can be a mixture of

wall to wall and question and answer format. The wall to wall style is to be used when a witness
using an interpreter is in the witness box, and the question and answer style should be used for
witnesses where an interpreter is not involved.

An interpreter is always shown in the margin as INTERPRETER: . On occasions when an

interpreter is present in court and he/she is not sworn to interpret but still assists a person
appearing in court, they are still to be shown in the margin as INTERPRETER.

At the end of the witness’s evidence, the witness is withdrawn in the normal way. It is not
necessary to indicate that the interpreter has withdrawn.

If a witness answers a question in English, even though the interpreter is present, show in the
margin WITNESS:

If a witness addresses the court before they are sworn/affirmed, put their name in the margin:
eg MR SMITH:

If the witness’s name is to be suppressed through a direction by the court, and the witness
addresses the court before they are sworn/affirmed, enter their pseudonym in the margin.

Accreditation of Interpreters – Terminology You May Hear

Interpreters used for court work are usually accredited to a minimum standard of NAATI Level 3.
NAATI is the National Accreditation Authority for Translators and Interpreters.

For hearing-impaired and/or speech impaired clients, the interpreter may use Auslan, the sign
language used by the hearing-impaired community, or CART, Communication Access Real-time
Translation, services.

© The State of Queensland (Department of Justice and Attorney-General) Page | 106

Transcript Format

PETER JONES, SWORN AS INTERPRETER

<
<
JOHN SMITH, SWORN [10.30 am]
<
<
EXAMINATION-IN-CHIEF BY MR GREEN
<
<
MR GREEN: What is your full name?

WITNESS: John Smith.

MR GREEN: Where do you live, Mr Smith?

WITNESS: 1 Black Road, Farmdale.

MR GREEN: Do you recall the car accident you had on 4 January this year?

WITNESS: I travelling – I been living in Sydney. I travel to Yass.

MR GREEN: Yes, but do you recall the car accident? Do you understand?

INTERPRETER: No, I don’t understand what you say.

MR GREEN: Do you recall the car accident you had on 4 January this year?

INTERPRETER: Yes. We were two people in the car.

Simultaneous use of interpreters

There are occasions when it is necessary to use more than one interpreter at one time in a
matter. For example, a self-represented litigant assisted by an interpreter may be examining a
witness also assisted by an interpreter. Use the following margin layout in these cases.

INTERPRETER (APPLICANT):
INTERPRETER (RESPONDENT):
INTERPRETER (WITNESS):

When more than one interpreter is used for different parties at the same time at any point in the
transcript, this margin layout wording must be used throughout the entire transcript, even if one
of the interpreters is no longer used.

However, if during the course of a hearing there are several different interpreters, but never
more than one at the same time, there will be no ambiguity over who the interpreter is speaking
for and the normal margin entry of INTERPRETER: applies.

© The State of Queensland (Department of Justice and Attorney-General) Page | 107

Note: on occasion, a party may need to use more than one interpreter at the same time or
throughout the course of proceedings. The log notes may indicate when interpreters have
changed for that party, but there is no need to reflect the variation in interpreters for that party in
the transcript. And the applicable entry of INTERPRETER, INTERPRETER (APPLICANT),
INTERPRETER (RESPONDENT) etcetera is used throughout.

INTERPRETER (APPLICANT): I want to know if you were at the school on 23 August.

INTERPRETER (WITNESS): I said I can’t remember. I still can’t remember.

INTERPRETER (APPLICANT): Your Honour, I don’t want to ask any more questions.

HIS HONOUR: Thank you, Ms Green. You can leave the witness box now.

WITNESS EXCUSED 10.23 am]

© The State of Queensland (Department of Justice and Attorney-General) Page | 108

2.9 Evidence by Intermediary

The Queensland Courts Intermediary Scheme assists witnesses with communication needs to
give their best evidence.

Follow the Interpreted Evidence format when an Intermediary is assisting a witness in the
witness box:.

 An Intermediary is always shown in the margin as INTERMEDIARY: On occasions when

an Intermediary is present in court and he/she is not sworn to interpret but still assists a
person appearing in court, they are still to be shown in the margin as INTERMEDIARY.

Transcript Format

PETER JONES, SWORN AS INTERMEDIARY

<
<
JOHN SMITH, SWORN [10.30 am]
<
<
EXAMINATION-IN-CHIEF BY MR GREEN
<
<
MR GREEN: What is your full name?

WITNESS: John Smith.

MR GREEN: Where do you live, Mr Smith?

WITNESS: 1 Black Road, Farmdale.

MR GREEN: Do you recall the car accident you had on 4 January this year?

WITNESS: I travelling – I been living in Sydney. I travel to Yass.

MR GREEN: Yes, but do you recall the car accident? Do you understand?

INTERMEDIARY: No, he doesn’t understand what you say.

MR GREEN: Do you recall the car accident you had on 4 January this year?

INTERMEDIARY: Yes. There were two people in the car.

© The State of Queensland (Department of Justice and Attorney-General) Page | 109

2.10 Voir Dire

“Voir dire” means a mini-hearing held during a trial or pre-trial hearing regarding the admissibility
of contested evidence, a witness’s qualifications and expertise or questioning of a hostile
witness.

If during criminal trial proceedings, evidence adduced under Voir Dire is always heard in the
absence of a jury.

All evidence adduced during a pre-trial hearing is heard on Voir Dire.

Should Voir Dire happen during a criminal trial event, the usual procedure is for the objection to be
taken by counsel and a request be made that the matter be resolved in the absence of the jury.

The jury is then sent to the jury room and the Voir Dire evidence is heard in its absence. The
witness is usually sworn again, this time for the Voir Dire.

Application of Voir Dire EVIDENCE banners whether evidence is commencing or continuing, is

exactly the same as general EVIDENCE banners.

For example:

JOHN SMITH, SWORN [3.50 pm]

CROSS-EXAMINATION ON VOIR DIRE BY MR JONES

MR JONES: Is your full name John Smith?---Yes.

When there is an adjournment and the witness continues on Voir Dire after the break, show:

RESUMED [3.50 pm]

JOHN SMITH, CONTINUING

CROSS-EXAMINATION ON VOIR DIRE BY MR JONES

© The State of Queensland (Department of Justice and Attorney-General) Page | 110

Footers on Voir Dire are the same as general evidence footers with the inclusion of “Voir Dire”.

For example:

(XN Voir Dire evidence)

_____________________________________________________________________________
XN: MR SMITH VOIR DIRE 1-7 WIT: SURNAME A B

(XXN Voir Dire evidence)

_____________________________________________________________________________
XXN: MR SMITH VOIR DIRE 1-7 WIT: SURNAME A B

Judge will generally deliver a RULING following Voir Dire evidence. If Voir Dire happens during
a trial, the jury will generally return following the Ruling and previous stage of evidence will
resume.

When the jury returns and the witness' evidence continues in the presence of the jury, it is
necessary once again to show the witness notation at the margin, together with the status.

Note: Should evidence resume immediately under the JURY RETURNED banner, there is no
need for a time stamp entry against the CONTINUING banner. However, should Judge address
the jury and advise of the RULING, a time stamp is required against the CONTINUING banner
when evidence resumes.

© The State of Queensland (Department of Justice and Attorney-General) Page | 111

Evidence commences immediately upon Jury returning

(Voir Dire XXN evidence)

(Voir Dire evidence concludes and there may be legal argument between Judge and Counsel)

TAKE IN RULING

HIS HONOUR: Madam Bailiff, we’ll have the jury back.

THE JURY RETURNED [3.50 pm]

JOHN SMITH, CONTINUING

CROSS-EXAMINATION BY MR JONES

Evidence commencing after Jury returned

(Voir Dire XXN evidence)

(Voir Dire evidence concludes and there may be legal argument between Judge and Counsel
and/or counsel may address or make submissions to Judge regarding ruling on law)

(Judge delivers Ruling)

HIS HONOUR: Madam Bailiff, we’ll have the jury back.

THE JURY RETURNED [3.50 pm]

HIS HONOUR: Members of the jury, while you were away…

Yes, Mr Jones.

JOHN SMITH, CONTINUING [3.53 pm]

CROSS-EXAMINATION BY MR JONES

© The State of Queensland (Department of Justice and Attorney-General) Page | 112

Sworn and examined through an interpreter on Voir Dire
When a witness on Voir Dire is sworn through an interpreter, show (two lines either side):

JOHN SMITH, SWORN THROUGH INTERPRETER [3.50 pm]

CROSS-EXAMINATION ON VOIR DIRE BY MR JONES

Exhibits/MFIs on Voir Dire

(two lines either side, in bold):

EXHIBIT #3 ADMITTED AND MARKED ON VOIR DIRE

OR

MFI #3 MARKED FOR IDENTIFICATION ON VOIR DIRE

Judicial officer's ruling on voir dire

The judicial officer will then give their ruling on the voir dire, and this must be included in the
transcript.

© The State of Queensland (Department of Justice and Attorney-General) Page | 113

SECTION 3: LAYOUT AND PUNCTUATION

3.1 Acronyms

ATODS Alcohol, Tobacco and Other Drug Services

ATSILS Aboriginal and Torres Strait Islander Legal Service
AHPRA Australian Health Practitioner Regulation Agency
BCIPA Building & Construction Industry Security of Payment Act
CASA Civil Aviation Safety Authority
CCC Crime and Corruption Commission Queensland
CLS Community Legal Service (acronyms for Queensland Community Legal Centres
can be found here)
CRISP Crime Reporting Information System for Police
CDPP Commonwealth Director of Public Prosecutions
DJAG Department of Justice and Attorney-General
DPP/ODPP Office of the Director of Public Prosecutions (Queensland)
DOCA (pronounced “docka” deed of company arrangement)
DoCS NSW Department of Community Services)
DOGIT deed of grant in trust
FaHCSIA Families, Housing, Community Services and Indigenous Affairs (Department of)
FOI/RTI Freedom of information/Right to information
HIV-AIDS
ICARE Interviewing Children
ILUA Indigenous Land Use Agreement
LAME Licensed Aircraft Maintenance Engineer
LAQ Legal Aid Queensland
NETO no evidence to offer
PIFU Population Information Forecast Unit
QPRIME Queensland Police Records Information Management Exchange
SPER State Penalties Enforcement Registry
SOTP Sex Offenders Treatment Program
TORUM Transport Operations (Road Use Management) Act

Note: Only use an acronym if that is the way it is said. If said in full, type in full.

3.2 Ampersand

The ampersand (&) is not used in transcript unless you know it is correctly part of a name. If in
doubt, do not use the ampersand:

Ernst & Young

Merck Sharp & Dohme Australia
P&O Cruises
Note: Gilbert + Tobin (law firm)

3.3 Apostrophes

The apostrophe has two main functions: 1. to indicate the possessive

2. to form a contraction

Note: do not use the apostrophe to form the plural of a word.

© The State of Queensland (Department of Justice and Attorney-General) Page | 114

Acronyms and capital letters

Use an apostrophe in the possessive form of acronyms or capital letters.

The ACCC’s witnesses Spender J’s judgment

No apostrophe is needed for the plural form with acronyms or capital letters.

The volumes marked with Ds and Fs are the ones I refer to.

but cc’d PDF’d

Possessive for nouns and indefinite pronouns

Use “apostrophe s” to form the possessive for personal names, singular nouns or indefinite
pronouns:

counsel’s submissions anyone’s guess

nobody’s business somebody else’s book
the judge’s chambers master’s degree
for heaven’s sake bachelor’s degree
the witness’s evidence the bus’s tyres
driver’s licence

In personal names and plural nouns ending in s use an apostrophe only:

the buses’ tyres Dickens’ letters

Jesus’ teachings Moses’ life
Menzies’ policies Burns’ poems
the judges’ chambers (more than one judge)
the members’ list of issues
the witnesses’ evidence (more than one witness)
creditors’ meeting
Teachers’ college

Note: A plural noun that does not end in s should always take the apostrophe s:

Women’s Electoral Lobby

The gentlemen’s luggage
The Country Firemen’s Association
My children’s books

Note: CHILDRENS COURT OF QUEENLAND/CHILDRENS COURT are not spelled

with an apostrophe.

© The State of Queensland (Department of Justice and Attorney-General) Page | 115

Times
Use the apostrophe for singular and plural nouns. When it is one measure of time (for example,
a day, one week), the apostrophe goes before the “s”

a day’s notice one month’s probation

When it is more than one measure of time (two days, five years), the apostrophe goes after the
“s”
10 years’ non-parole four months’ holiday

Place Names / Business Names

Place names are commonly spelled without the apostrophe (although you may come across
exceptions):

Badgerys Creek St Marys

St Johns Wood Frenchs Forest
Kings Park Jacobs Well
St Pauls Terrace

Business names usually omit the apostrophe from their titles. As a general rule, omit the
apostrophe unless you are certain that the name of the registered entity uses an apostrophe:

Barclays Bank
Dowdens Plumbing and Water Treatment Services
Magistrates Court (ACT, Qld, NSW, NT, TAS, WA)

Exception:
Department of Veterans’ Affairs
Veterans’ Entitlements Act
Magistrates’ Court of Victoria
Veterans’ Review Board

Note: all metropolitan and local courts in Victoria take a possessive apostrophe in their title. Go to
www.magistratescourt.vic.gov.au and select Contact Us for a full list.

Possessive pronouns
An apostrophe is never used with possessive pronouns:

his ours
hers theirs
its yours

To Prevent Confusion
but
ifs and buts dot the i’s and cross the t’s
the three Rs watch your p’s and q’s
ayes and noes
dos and don’ts
the 1990s the nineties

© The State of Queensland (Department of Justice and Attorney-General) Page | 116

3.4 Audio/Video/CD/DVD/Exhibit played

Audio and video recordings might be played during proceedings. Examples include pre-
recorded evidence of affected child witnesses, evidence of special witnesses in Supreme and
District Court criminal matters or pre-recorded evidence of complainants in domestic and family
violence breach proceedings. It is not necessary to transcribe the contents of these recordings.
Include the following banner in the transcript at the commencement of each instance an audio or
video recording is played to the court.

RECORDING PLAYED

3.5 Capitalisation and Lower Case

The general rule for good writing style is that capitals should be used sparingly. Initial capitals
should be used only for proper names, full titles when a person is being addressed or referred
to, and for some specific words in the areas of government and politics and religion and sacred
writings.

I will refer that matter to you, Federal Magistrate Driver.

I will refer that matter to the Federal Magistrate.
but
I will refer that matter to a federal magistrate.

It will be heard by Senior Member Hunt of the Administrative Appeals Tribunal.

but
It will be heard by a senior member of the tribunal.

Commissioner Smith is a member of ASIC.

but
ASIC has several commissioners.

The Supreme Court of Queensland is the highest court in Queensland.

but
The Chief Justice is the senior judge of the court.

He has a Bachelor of Commerce and a Masters of Taxation.

but
He is studying for a bachelors degree and then a masters.

Many young people are keen to join the Australian Army.

but
Many young people are keen to join the army.

Thank you, Dr Jones. but I will refer the doctor to that document.
Thank you, Doctor.

Yes, Professor Evans. but I showed the professor the affidavit.

Yes, Professor.

© The State of Queensland (Department of Justice and Attorney-General) Page | 117

Note: words such as “Associate”, “Registrar” and “Bailiff”, will always be capitalised, even in
general reference. If a presiding officer is addressed as “Judge”, capitalise.

HIS HONOUR: My Associate is checking that.

HIS HONOUR: I can ask my Associate to photocopy those.

MR SMITH: Perhaps we could inform your Associate at some later time.

HIS HONOUR: I will ask the Bailiff to collect that document

.
HIS HONOUR: Thank you, Madame Bailiff.

HIS HONOUR: We shall await advice from the Registrar.

MR SMITH: Excuse me, Judge, may I request…

Note: Should a presiding officer be addressed as “Your Honour” or another presiding officer be
referred to as “His/Her Honour”, capitalise both words should they commence a sentence, but
only “Honour” if within a sentence.

MR JONES: Your Honour, I submit…

MR JONES: I beg your Honour’s indulgence…

HER HONOUR: His Honour Justice Smith referred to that case…

MR JONES: If I can take you to the point his Honour Justice Smith referred to…

Revisable Transcripts

For revisable transcript, rules per 3.5 apply, however, the following words are always
capitalised, even in general reference: Crown, Court, Judge, Bench, Prosecutor, Defence

© The State of Queensland (Department of Justice and Attorney-General) Page | 118

Government and Politics
Attorney General (NSW, WA only) House of Representatives
Attorney-General (all other states) Inspector-General (of Taxation)
Australian Government Local Government
the Commissioner (of Taxation) Minister (of the government)
the Deputy Commissioner (of Taxation) the Ombudsman
the Commission (if a party to proceedings) Parliament
Commonwealth Prime Minister
Commonwealth Government the Secretary (Dept Social Security)
Constitution (the Australian Constitution) State Government
Convention (Human Rights, Hague) Treasurer
Director-General White Paper
Federal Government
Governor-General

but in general terms:

federal Education is a federal portfolio.

government Australia has three levels of government.

Headings / Titles Layout

It is not necessary to use quotation marks for headings or titles. Note also that a comma does
not precede the heading or title:

MR SMITH: Do you have a copy of the document entitled First Respondent’s Response?

MR JONES: You will see on page 2 under the heading Closing Prices there is a list of figures.

Legal
Act (eg, Trade Practices Act) Associate
the Bar the Bar Association
the Chief Justice Court of Appeal County Court
the Chair District Court Federal Court
Full Bench Full Court High Court
Local Court Madam Chair
Official Receiver Supreme Court

but
appeal book court officer sir
bar table courtroom solicitor
barrister judge trust deed
bench lawyer trustee, trustee in bankruptcy
common law madam, ma’am watch-house
counsel police station*
court

*while generic reference to “the police station” or “a police station” should remain in lowercase,
in instances where a particular police station is referred to, whether it be a proper name or not,
use uppercase. For example, “He was taken to the Perth Police Station for questioning.”

© The State of Queensland (Department of Justice and Attorney-General) Page | 119

Religion and Sacred Writings

Apostles’ Creed God the Bible

Jesus II Chronicles 4:7 the Qur’an
Buddhist the Lord’s Prayer Catholic
Christian Jew Muslim
Proverbs the Ten Commandments Revelation
the New Testament / the Old Testament

“State”

The word “state” is generally capitalised only when it is used as part of the name of one of the
territorial divisions of Australia:

The State of Victoria is one of the southern states of Australia.

Sydney is the largest city in the State of New South Wales.
The State of Tasmania is known as the Apple Isle.
Kangaroo Island is part of the State of South Australia.
Note: “the State” as a party to a proceedings.

but

Australia is made up of different states and territories.

New South Wales is one of Australia’s most populous states.
India is an independent state.
Leaders of the European states are holding a big conference.
The population of this state is growing rapidly.

3.6 Contractions

Verbatim on contractions for all speakers. However, do not overuse. For example:

I’d have instead of I’d’ve

I wouldn’t have instead of I wouldn’t’ve

However, unless it would produce an absurdity, contractions are not to be included in revisable
transcript: each contracted word must be spelled out in full.

For example, the following statement contains an absurdity:

“Sometimes, when we get a fright, we jump like that, do not we?”

Although contractions in revisable transcript should be spelled out in full, the correct format in
this instance would be:

“Sometimes, when we get a fright, we jump like that, don’t we?”

© The State of Queensland (Department of Justice and Attorney-General) Page | 120

3.7 Ellipsis (three dots)

The ellipsis has several uses in DJAG transcripts.

In “evidence-only” criminal trial transcripts to show portion of proceedings from commencement

of Jury Empanelment to insertion of OPENING ADDRESSES banner. If this portion of the trial is
to be transcribed, it will be requested after the event as transcript type “Ellipsis”.

For example:

HIS HONOUR: Empanel the jury, please.

MR SMITH OPENED THE CASE FOR THE CROWN

To demonstrate a sound or action (elllipsis with a space on either side)

What happened then?---After the punch, he cried out like this … and fell to the ground.

Then what happened?---The accused punched him again like this …

Names of jurors (ellipsis with a space on either side)

In cases where the judge may talk directly to a juror, if the juror has to say what his/her name is,
the name is replaced with the ellipsis.

HIS HONOUR: What is your name?

JUROR: My name is ...

If the jury is referred to on a name by name basis.

ASSOCIATE: Members of the jury, please answer to your names.

ASSOCIATE: Members of the jury, do you have a speaker?

SPEAKER: Yes.

© The State of Queensland (Department of Justice and Attorney-General) Page | 121

To show costs discussion in a Judgment transcript

In the uncommon event where the numbers and/pr PIN numbers of Courtroom telephone- or
video-conference links appear in a transcript when Judge and/or Bailiff/Court Service Officer might
be discussing with counsel/a party how to initiate a telephone- or video-conference link-up.

HIS HONOUR: The teleconference number is …

MR SMITH: Sorry, your Honour. Was it …?

BAILIFF: …

MR SMITH: Thank you. And the PIN?

BAILIFF: …

MR SMITH: Thank you. I will hang up and call in right now.

3.8 Emotive interjections

Non-words such as um, ah, er, are not transcribed.

3.9 Enumerated Points

If a speaker enumerates points, type as follows:

What I’m trying to work out is three things: (a) to ascertain that that’s correct as a matter of
fact, (b) who made the choice to change the financial provider, and (c) when the finance
provider changed.

The time within which the plaintiff is to serve (1) outlines of lay evidence and (2) any expert
evidence in reply will be extended to 10 December.

That statement was later confirmed, your Honour, because of (a) the changed circumstances of
the applicant and (b) the fact he had no current passport.

I have a problem with that point, Mr Smith, because (1) your witness didn’t show up today and
(2) you didn’t inform the other side that he wasn’t attending.

© The State of Queensland (Department of Justice and Attorney-General) Page | 122

3.10 Exhibits and MFIs

Exhibits are generally tendered by Counsel during submissions or evidence. Use the EXHIBIT
banner per example below.

EXHIBIT #1 ADMITTED AND MARKED

OR

EXHIBIT #2 ADMITTED AND MARKED ON VOIR DIRE

In some circumstances the Judge might “mark” the item “for identification”. Use the MARKED
FOR IDENTIFICATION banner per examples below even if Judge marks the item as an exhibit

MFI #A MARKED FOR IDENTIFICATION

OR

MFI #ID3 MARKED FOR IDENTIFICATION ON VOIR DIRE

OR

EXHIBIT #A MARKED FOR IDENTIFICATION

Should there arise a situation where it is not clear whether the item has, in fact, been admitted
as an exhibit or marked for identification, apply the above as best possible and let the transcript
speak for itself.

MR JONES: I tender that document.

HER HONOUR: That will be exhibit 1.

EXHIBIT #1 ADMITTED AND MARKED

If an article is tendered by counsel but there is no acknowledgement by the judicial officer as to

its admission, no banner is to be included and the transcript will read for itself.

© The State of Queensland (Department of Justice and Attorney-General) Page | 123

Multiple exhibits

If multiple exhibits are tendered together with no individual description for each exhibit, use just
one banner entry. For example:

MR JONES: I tender those five photographs, your Honour.

HIS HONOUR: Exhibits 5 to 10.

EXHIBIT #5 TO 10 ADMITTED AND MARKED

If multiple exhibits are tendered together and the judge or counsel clearly identify the description
of each exhibit, these should be entered separately and preceded by the presiding officer’s
naming of each exhibit. For example:

MR JONES: He was aged 36 and 37 at the time of the offending. He’s 39 now. He has a
criminal history in Queensland, New South Wales and Victoria. I’ll tender a copy of each,
your Honour.

HIS HONOUR: The Queensland history is exhibit 1.

EXHIBIT #1 ADMITTED AND MARKED

HIS HONOUR: New South Wales history exhibit 2.

EXHIBIT #2 ADMITTED AND MARKED

HIS HONOUR: Victorian history exhibit 3.

EXHIBIT #3 ADMITTED AND MARKED

© The State of Queensland (Department of Justice and Attorney-General) Page | 124

Note: in a transcript, there is no space between the acronym MFI and the number or letter
which follows, eg, MFI3, MFIB.

However, there is a space between the word “exhibit” and the number or letter which follows,
eg, exhibit 3, exhibit DJB3 etcetera.

There are always two clear lines either side of an EXHIBIT/MFI banner.

MR JONES: Your Honour, I tender the statement of John Smith, dated the 25th of June 2006.

HIS HONOUR: Thank you, Mr Jones. That statement is accepted into evidence and will be
marked as exhibit 3.

EXHIBIT #3 ADMITTED AND MARKED

MR JONES: Thank you, your Honour.

Some variations on exhibit entries may occur if an exhibit is shown or read to the jury. The
banner entry will replace the need to type the content of the exhibit.

Generally, things read to the jury should not be transcribed. The jury will be given a hard copy
or other replacement in court for them to refer to.

The main exception to this rule is if the content needs to be read into the record. For example, if
a witness statement was read out because the witness was unable to be in court due to illness
or incapacity or if a victim read out a Victim Impact Statement.

However, transcriptionists must be sure the exhibit was read in its entirety for the READ
TO THE JURY banners to be included. If only a portion(s) of the exhibit was read, transcribe
in full per written quote format.

For example:

EXHIBIT #7, 8 AND 9 SHOWN TO THE JURY

EXHIBIT #3 ADMITTED AND MARKED AND READ TO THE JURY

EXHIBIT #7 READ TO THE JURY

EXHIBIT #8 SHOWN TO THE JURY

Note: where the exhibit is marked and admitted at the same time as it is shown/read to the jury,
use the following banner format:

EXHIBIT #1 ADMITTED AND MARKED AND READ TO THE JURY

© The State of Queensland (Department of Justice and Attorney-General) Page | 125

If an exhibit is read or shown to the jury, type this as:

EXHIBIT #1 READ TO THE JURY

or

EXHIBIT #1 SHOWN TO THE JURY

3.11 Extract of Transcript of Proceedings

Portions of proceedings (for example, an arraignment or a specific portion of sentence

submissions or Summing-Up/Redirections) can be requested as transcript type “Extract”.

Transcribe extracts according to the relevant format/style applicable to the proceedings. There
is no requirement to commence or conclude an extract transcript with an EXTRACT OF
PROCEEDINGS banner.

No Day number is to appear on the cover page of Extract transcripts, however, the banner
EXTRACT OF PROCEEDINGS should appear instead of the Day number banner

3.12 False Starts – Stumbles

Use of the Single Dash

What is your full name?---My name is – my full name is John Smith.

And could you tell me your address, please?---I live at 14 – sorry – 24 King Street, Farmdale.

Your Honour, I think I will now – no, I withdraw that.

Your Honour, my learned friend – well, I object to what he just said. He is not allowed to lead
the witness. I would ask that he put the question to – that he ask the question again without
leading.

© The State of Queensland (Department of Justice and Attorney-General) Page | 126

Tidying up false starts and repetitive interruptions

Note: see also 1.42 – Verbatim Transcript

Witness evidence

There should be no tidying up of a witness’s words. As a witness is examined in court, his

answers will become his evidence and it is essential that this evidence is transcribed in full.
Therefore, when a witness starts a sentence and perhaps changes a thought, those words
should not be “tidied up” but separated with the appropriate punctuation.

?---It was my und – belief that she said those words (correct)

?---It was my belief that she said those words (incorrect)

Counsel, judge, presiding member

Note: see also 1.42 – Verbatim Transcript

It is acceptable to tidy up in a minor way the speech of judges and counsel in relation to
repetitive starts of identical words and the use of “mmm/mmm-hmmm”. The meaning of what
the speaker is saying should never be changed, and if you are in doubt about how or what to
edit, don’t.

No doubt that will be agreed to, so the – so the actual terms are not appropriate.

could be typed as

No doubt that will be agreed to, so the actual terms are not appropriate.

However:

You did mention there may – state there may be possible problems.

Should not be tidied up as the stumble/repetition was not identical words

Repetitive interruptions

Unless “mmm/mmm-hmm”, include all interruptions as they occur. Do not tidy these up.

© The State of Queensland (Department of Justice and Attorney-General) Page | 127

3.13 Margin Entries / Forms of Address

Names and titles appear in the left margin followed by a colon and three spaces. Some of the
more common entries appear below.

List of commonly used margin entries

Title Margin entry

Chief Justice THE CHIEF JUSTICE:
Chief Judge THE CHIEF JUDGE:
President for non-QIRC THE PRESIDENT:
President for ICQ/QIRC HIS HONOUR:
Note: Land Court only KINGHAM P:
Vice President for ICQ/QIRC HIS HONOUR:
His Honour HIS HONOUR:
Her Honour HER HONOUR:
President of Childrens Court THE PRESIDENT
of Queensland
Chief Magistrate HIS/HER HONOUR
Magistrate HIS/HER HONOUR
Deputy president DEPUTY PRESIDENT:
Deputy President Merrell HIS HONOUR:
(ICQ/QIRC)
Commissioner COMMISSIONER:
Registrar REGISTRAR:
Member (eg, QCAT) MEMBER:
THE ATTORNEY-GENERAL:

Associate (eg, Dist / Sup Crts ASSOCIATE:

/ ICQ/QIRC)
Court Services Officer (Mag COURT SERVICES OFFICER
Court)
Bailiff (eg, Dist / Sup Crts) BAILIFF:

Witness WITNESS:
Interpreter INTERPRETER:
Defendant DEFENDANT:
DEFENDANT SMITH:
DEFENDANTS BY ELECTION:

Unidentified speaker UNIDENTIFIED SPEAKER:

Respondent RESPONDENT:
Mag Crt domestic violence AGGRIEVED:
Mag Crt civil PLAINTIFF:
Mag Crt criminal and civil DEFENDANT:
APPELLANT:

Federal agent FED AGENT SURNAME:

© The State of Queensland (Department of Justice and Attorney-General) Page | 128

 Title Margin entry
Police constable CONST:
Senior Constable SNR CONST SURNAME:
Acting Senior Constable A/SNR CONST SURNAME:
Detective Senior Constable DET SNR CONST SURNAME
Sergeant SGT SURNAME:
Senior Sergeant SNR SGT SURNAME:
Detective Sergeant DET SGT SURNAME
Acting Senior Sergeant A/SNR SGT SURNAME:
Note: use abbreviated titles in banner entries
Note: “surname” will be replaced with the
applicable person’s surname

Prosecutor (for an unnamed PROSECUTOR:

prosecutor, be it counsel or a
police officer)
unnamed police officer (when OFFICER:
not appearing as prosecutor)

Chairperson CHAIRPERSON:
QCAT ADJUDICATOR SURNAME:
Justice of the Peace SURNAME JP:

DEPUTY REGISTRAR:
D TAXING OFFICER:
TAXING OFFICER:

Inspector INSP:
Judgment debtor JUDGMENT DEBTOR:
Judicial registrar REGISTRAR:

Jury JURY:

Doctor (plus name) DR SMITH:

Mc name MR McNAMARA:
Mac name MS MacDONALD:
MR DI CONTI:

When said as “his Honour Justice Smith”, type as “his Honour Justice Smith”.

When reference is made to “his Honour Judge Smith”, type it as said. Do not abbreviate unless
the speaker abbreviates.

Note that “judge” is not abbreviated to “J”, nor is “Justice” abbreviated to “J”. If the speaker says
“Judge Smith”, type as said. If the speaker says “Justice Davies”, type as said.

If reference is made to “Magistrate Smith”, for example, type as “Magistrate Smith”. There is no
abbreviation.

© The State of Queensland (Department of Justice and Attorney-General) Page | 129

For multiple justices, do not abbreviate. Type as

…their Honours Justice Wilcox, Justice Emmett and Justice Kiefel

…their Honours the Chief Justice, Justice Keane, Justice Wilcox and Justice Emmett

Lord, Lord Justice, Master

Lord Justice Mummery

Lord Justices Chadwick, Mummery and Sedley

The titles of Master and Lord remain as Master and Lord:

Lord Denning
Lord Diplock
Master Harper – Supreme Court of the ACT

Doctor
In the margin: DR SMITH:
If sworn as a witness: JOHN SMITH (full name only)
In the transcript: How long have you been practising, Dr Smith?
I have been a doctor for 20 years.
Thank you, Doctor.

Professor
In the margin: PROF SMITH:
If sworn as a witness: JOHN SMITH (full name only)
In the transcript: What is your specialty, Professor Smith?
I am a professor of anthropology.
Thank you, Professor.

Other
Yes, Sergeant Yes, Sergeant Brown.

Thank you, Captain Thank you, Captain Black.

We will have a bulk arraignment, thank you, Madam Associate.

You can email that to my Associate.

© The State of Queensland (Department of Justice and Attorney-General) Page | 130

3.14 Ceremonial Sittings

Ceremonial sittings can take placed in Supreme, District or Magistrates Courts. Sometimes
several ceremonial events can take place consecutively, eg, Admissions of counsel followed by
Exchange of Christmas Greetings. DJAG will request a transcript of all ceremonial events
except stand-alone admission of solicitor/barrister events.

• Announcements/presentation of King’s Counsel

• Swearing in/welcoming of judicial officers
• Retirement/farewell/valedictory ceremonies for judicial officers
• Exchange of Christmas greetings
• Admissions of solicitors and barristers
o Note: Admissions transcripts are not revisable

Type all judges’ names in full in the transcript, eg, “Justice Jones”, not “Jones J”

In the margin: THE CHIEF JUSTICE:

THE ATTORNEY-GENERAL:
THE SOLICITOR-GENERAL:
THE PRESIDENT:
THE VICE PRESIDENT:
THE CHIEF JUDGE:
JUSTICE HENRY: (not HIS HONOUR)
HIS HONOUR: (for Chief Magistrate)

Note: Other than stand-alone admissions of solicitors/barristers events, all other ceremonial
event transcripts are revisable by individual speakers at the event, and an UNREVISED
watermark should be applied to relevant ceremonial transcript.

Ceremonial transcript cover pages will show the most senior Judicial Officer unless a list of
Judicial Officers is provided by RTS, whereupon all Judicial Officers will be listed on the cover
page.

© The State of Queensland (Department of Justice and Attorney-General) Page | 131

Examples of cover pages:

Admissions

Note: If Admissions occur at the same time as another ceremonial event (often exchange of
Christmas Greetings), transcribe both events in the one transcript for the DJAG transcript
request.

Cover page in these instances would be:

IN THE MATTER OF AN EXCHANGE OF CHRISTMAS GREETINGS

IN THE MATTER OF AN APPLICATION FOR ADMISSION AS A LEGAL

PRACTITIONER BY JOHN SMITH, STEVEN JONES AND JILL BROWN

If Admissions is a stand-alone event, the matter would be recorded but a transcript would not be
requested by DJAG. In those instances, an individual will submit a user-pays request for the
portion of the admissions ceremony relating to them only.

Cover page would be:

IN THE MATTER OF AN APPLICATION FOR ADMISSION AS A LEGAL

PRACTITIONER BY JOHN SMITH

And the transcript would show just the portion of proceedings relating to the requestor:

THE CHIEF JUSTICE: Mr Jones, do you move?

MR JONES: May it please the court. Your Honour, I have the pleasure (etcetera). He has
satisfied the admission requirements of the board and I move his admission.

THE CHIEF JUSTICE: Let Mr Smith be admitted.

______________________

© The State of Queensland (Department of Justice and Attorney-General) Page | 132

Announcement/presentation of King’s Counsel

IN THE MATTER OF APPOINTMENT OF JILL SMITH, JAMES JONES AND PETER

GREEN AS KING’S COUNSEL

Farewell/Valedictory ceremony

IN THE MATTER OF A VALEDICTORY CEREMONY

FOR THE HONOURABLE JUSTICE McMEEKIN

Swearing-In ceremony

IN THE MATTER OF THE SWEARING IN OF THE HONOURABLE JUSTICE JEAN

DALTON AS A JUDGE OF THE SUPREME COURT OF QUEENSLAND

Welcome ceremony

IN THE MATTER OF A WELCOME CEREMONY FOR THE HONOURABLE

JUSTICE ELIZABETH WILSON AS A JUDGE OF THE SUPREME COURT OF
QUEENSLAND

Note: An Oath of allegiance is usually delivered by a Judicial officer during a formal swearing in
event and sometimes during admissions ceremonies.

The Oath can be delivered individually or collectively per following banners:

OATH OF ALLEGIANCE AND OF OFFICE ADMINISTERED (for one barrister/solicitor)

OATHS OF ALLEGIANCE AND OF OFFICE ADMINISTERED (for more than one

barrister/solicitor

© The State of Queensland (Department of Justice and Attorney-General) Page | 133

The second page of a ceremonial transcript will show the speakers at the event. A list of
speakers, their titles and their organisation will be provided within the work notes on the TST.

Following is an example of how speakers are shown.

Note: Show only those at the Bar table or who speak

Also present

On behalf of the Government of Queensland:

The Honourable ………. (insert name), Attorney-General and Minister for Justice, and
………..(insert name), Director-General, Department of Justice and Attorney-General

On behalf of the Office of the Director of Public Prosecutions:

………., Director (insert name)

On behalf of the Bar Association of Queensland:

……….. (insert name)

On behalf of the Queensland Law Society:

……….. (insert name)

© The State of Queensland (Department of Justice and Attorney-General) Page | 134

Should a welcome to country ceremony happen during a ceremonial event, the following F&S is
to apply:

F&S for name of Elder on page listing attendees:

UNCLE JIM SMITH

AUNTY ALICE SMITH

Margin Designator in transcript:

UNCLE JIM SMITH

AUNTY ALICE SMITH

Should Elders speak in their language during the welcome to country ceremony, a
banner is to be inserted to reflect that portion of proceedings:

SPEECH IN [SPECIFIC] LANGUAGE

Example of a ceremonial transcript with a welcome to country ceremony:

HIS HONOUR: Take a seat, thanks. Good morning, everybody. It’s my pleasure to invite
Uncle Chris Teasfield of the Goreng Goreng people to perform a welcome to country. Uncle
Chris.

UNCLE CHRIS TEASFIELD: Thank you.

SPEECH IN GORENG GORENG LANGUAGE

First people of the land. My name is Chris Teasfield. My traditional name is Nalunga, which
in my language means belongs to us. The ancient boundaries that were passed down to me,
Araygon Creek to the north, Burnett River to the west of the Auburn Ranges, and south to the
Elliott River. Under the native title claim that went through on the determination, there was
four tribal groups recognised for this area. They were Taribelang, Gurang, Oyeli and Goreng
Goreng, which I’m a member of, the Goreng Goreng nation.

© The State of Queensland (Department of Justice and Attorney-General) Page | 135

Transcript example: swearing in of a judicial officer of Supreme Court

JUSTICE WHITE: Chief Justice, I present a commission appointing me a Judge of the

Supreme Court of Queensland.

THE CHIEF JUSTICE: Let the commission be read.

COMMISSION READ

THE CHIEF JUSTICE: I now ask Justice White to take the oaths of allegiance and of office.

OATHS OF ALLEGIANCE AND OF OFFICE ADMINISTERED

THE CHIEF JUSTICE: Fellow Judges, Judges of the Federal Court (etcetera)

At the conclusion of the ceremonial sitting, show a short line from the left hand margin.

The District Court today is a modern and dynamic institution. I am acutely conscious of the
great confidence that is reposed in me through this appointment, but I look forward to the
challenges that lie ahead and it is my hope to preside over a court that is, at once, effective,
efficient and harmonious. And, perhaps, as my first official act as Chief Judge, I will now
direct these proceedings be recorded and invite you all to join the Judges for morning tea in the
foyer outside, after we adjourn. Would you adjourn the court, please.

______________________

© The State of Queensland (Department of Justice and Attorney-General) Page | 136

3.15 Indistinct / Inaudibles

[indistinct] notation represents indistinct or inaudible words which have been omitted from the
transcript. They can represent one word or several words. Do not precede or follow them with
punctuation.

Note: do not use [indistinct] if a word is audible but simply unusual or you are unsure of its
spelling (eg, a person’s name).

MR JONES: The matter was dealt with in the evidence given by the first witness, and that,
your Honour [indistinct] of it.

OR

HIS HONOUR: Witness, can you answer that question?---[indistinct]

If a substantial section of a recording is indistinct, enter (two clear lines either side):

PORTION OF RECORDING INDISTINCT

If audio is missing, enter (two clear lines either side).

PORTION OF RECORDING MISSING

3.16 Interruptions and Unfinished Sentences

Interruptions – by another speaker

Three spaced dashes follow the last typed character, with a space after the last character, to
indicate that a speaker has been interrupted. This applies in wall to wall transcript and question
and answer transcript.

If the unfinished sentence continues immediately after the interruption, use the three spaced
dashes to lead into the continuing sentence. Note the following examples.

Wall to wall Transcript

MR JONES: Your Honour, I have two reports to hand up - - -

HIS HONOUR: What was the date of the second report, Mr Jones?

MR JONES: Five September, your Honour. The first one is not dated, but - - -

HIS HONOUR: Thank you. Yes, please continue.

MR JONES: - - - it is agreed to be 15 July 2019.

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Question and Answer Transcript

When the witness interrupts the questioner:

MR JONES: Mr Smith, did you say you live at - - -?---I live at the Gold Coast.

How long have you lived at the - - -?---For about five years.

When the questioner interrupts the witness:

MR JONES: Mr Smith, did you say you lived at the Gold Coast?---Yes, I said - - -

Thank you. That is all I need to know?---But I would like to add - - -

There is no need to say anything else?---I would really like to say - - -

When the questioner and the witness interrupt each other:

MR JONES: Mr Smith, how long have you been living - - -?---I can’t remember ­ - -

- - - at the Gold Coast?--- - - - the exact amount of time.

Do you own your own home or - - -?---No, I don’t. I rent a unit in - - -

- - - do you rent accommodation?--- - - - Burleigh Heads.

Interruptions – when a speaker “interrupts himself”

When a speaker breaks the continuation of what he is saying to insert unrelated words or to
change the tack of what he is saying, denoting a change of thought process, indicate this by the
use of a single dash.

The single dash does not need to be used as a pair. It can be used alone in a sentence, or it
can be used several times during the course of a long monologue, for example.

MR JONES: Your Honour, what I would like to say – and you will see this in my written
submissions – is that the applicant could not have said those words.

MR SMITH: On page 15 of that report, your Honour, that very point – and I trust your
Honour has read the report I refer to. All relevant facts have been set out in that report and I
have itemised them in a separate – well, no, not a separate reference, but a reference which I
originally handed to my learned friend before this trial commenced. That very point that Mr
Jones mentioned this morning, which is referred to on page 15 of that report – that very point, I
repeat – has been denied categorically.

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3.17 The use of “Mmm”
Only use in Question and Answer format for the witness when it the only thing the witness replies
in response to a question is “Mmm-hmm”.

For example, if the witness says, “Mmm, that’s right”, it would be transcribed as, “That’s right.”

Do not type “mmm” for counsel or a judicial officer if they utter “mmm” or “mmm-hmm” as their
only response to something. The transcript will speak for itself.

3.18 Non-words: “Uh-huh” and “Uh-uh”

“uh-huh” is found in the Macquarie Dictionary and denotes a positive response and should be
transcribed verbatim if said.

“uh-uh” is found in the Macquarie Dictionary and denotes a negative response and should be
transcribed verbatim if said.

3.19 Oblique Stroke / Slash

Limit the use of the oblique/slash in transcript to instances such as the following:

The ’06/07 financial year

It would have been around 2005/2006
I was on holiday around July/August.
Please provide a copy to your client and/or your instructing solicitors.
That sounds very much like a yes/no answer.

3.20 Paragraphs
In Wall to wall Format

Paragraphs in transcript should be based on context and signal the transition from one idea to
another. For example:

HIS HONOUR: In respect of each charge, you must try to reach a unanimous verdict; that is,
a verdict on which you all agree, whether guilty or not guilty. You must reach your verdict on
the evidence and only on the evidence. The evidence is what the witnesses have said from the
witness box and the admissions that have been made. That’s evidence.

What’s not evidence? Anything you’ve heard or read or otherwise learned about this case
outside the courtroom is not evidence, and you must exclude that information. Therefore you
should put out of your minds anything that you’ve seen, heard or read about the trial and act
only on the evidence you’ve heard in this court.

A few things you’ve heard are not evidence....

Discretion should be used to ensure that overly long or short paragraphs are avoided.

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Changes in context and ideas can be subtle, as above, or more obviously pronounced. For
example:

There are many types of animals, many of which are domesticated, such as dogs. Dogs have
traditionally assisted with farming and property security duties, though this has changed over
generations as people moved away from farms and farming enterprises. In areas where farm
activities remain widespread, dogs continue to fulfil these roles.

Cats, also, have been widely domesticated and have in recent years been identified in academic
studies as fulfilling therapeutic purposes. Allergies to cats have resulted in low-allergenic
breeds becoming more popular.

Other animals such as horses have undergone little change in their roles within human
environments over the years. A majority of the world's horses continue to be utilised for work
purposes, though horses also feature largely in entertainment areas such as horse racing, circus
performance and competition equestrian events.

Note: Revisable transcripts, such as summing up, judgments, orders, sentences, etcetera,
should also be paragraphed according to the content of what is said.

In Question and Answer Format

• When there is a single witness in the witness box, never paragraph the question to the
witness or the answer given by the witness.

• However, when a single witness is in the witness box, dialogue other than a question to the
witness or the witness’s answer can be paragraphed – for example, dialogue between his
Honour and counsel.

3.21 Part Words

Part words for witnesses should be transcribed if audible.

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3.22 Quotation of speech
Quotation marks are used for direct speech by anyone in all transcript, regardless of whether
transcript is wall-to-wall or Q&A format.

Direct speech refers to the exact words spoken by or attributed to someone are repeated.

?---He said, “I didn’t know anything about that document until I saw it this morning.”

?---I remember exactly what she said. She said, “I saw John three days ago because he had to
give me my tax form.”

?---I said to him, “I don’t want to be involved.”

MR BROWN: What did you say then?---I remember asking, “Were you bankrupt at that
stage?” His response was, “No. That didn’t happen until two years later.”

MR JONES: The witness’s last answer was “couldn’t work” because of his back, not “could
work”.

HIS HONOUR: When you say “the room”, which room do you mean?

For quotations within direct speech quotations (nested quotations), use single quotation marks.

?---John told me, “Jill said, ‘I did not take the money’”.

HIS HONOUR: He said, “I meant to say ‘will happen’, but instead I said ‘happened’.”

MR SMITH: My recollection is the witness said, “Are you asking me if I said ‘guidelines’ or
‘guidance’?”

Indirect speech, or reported speech, is not the exact words of someone else and is generally
used to talk about the past with a change to the tense of the words spoken. Reporting verbs
such as 'say', 'tell', 'ask' are common and 'that' will often introduce the reported words.
Quotation marks are not applied to indirect speech.

He said that he didn’t know anything about that document until he saw it that morning.

I highlight for your Honour the line where Mr Brown indicated to the court that he
remembered the conversation because that was the day he resigned.

Normal punctuation rules apply to the content of a quote.

There is no preceding comma for phrases or single words, but there is a comma preceding a
complete sentence.

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Full stops, commas and question marks can go inside or outside quotation marks, both single
and double, depending on the context of what is being said.

Semicolons and colons go outside the quotation marks.

MR SMITH: My recollection is the witness said, “Are you asking me if I said ‘guidelines’ or
‘guidance’?”

MR SMITH: Your Honour, we will give evidence that Mr Bloggs said to the applicant, “You
should also consider whether the results of your risk profile are accurate.” We say he was told,
“It is important to understand your own investment goals.”

MR SMITH: You said, “I didn’t”; correct?---That’s correct.

Interruptions during verbal quotes

Verbal quotes: quotation marks encompass the three dashes - - -

MR JONES: Your Honour, his words were, “Under the negotiations---”

HIS HONOUR: One moment, please, Mr Jones.

MR JONES: “---agreement should be reached within a month.”

MR BURTON: Your answer yesterday was, "As I say, I was very close -----"?-- I was very
close.

“-----but I don't know how close". Can you remember saying that?-- Yes.

However, show a dash when the speaker interrupts the quotation

MR BURTON: I put it to you that your answer yesterday was, “I was very close" - and you
were interrupted, but then continued - "but I can’t be sure"?-- Yes.

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3.23 Quotation of written material: case law, legislation, transcript including
evidence, text messages etc
When a passage from a document is read, lay this out as indented and italicised. One clear line
is left between the end of the text and the beginning of the quotation.

Note: Should the quotation of written material comprise three or less words, the Quotation of
Speech style (ie, quotation marks) may be applied.

Email text / addresses

Quotes of text/email speak should be typed verbatim as they are said.

Email addresses can be set out in the following recognised format. Remember to deselect the
email hyperlink underlining and font colouring if a full email address produces such a result.
The typed email address should be in black font, with no underlining.

For example: john.citizen@emailaddress.com

Wall to wall example

MR BLOGGS: The most concerning comment was about how – reading from line 6:

I was so angry and just kept hitting him.

This shows a total lack of control.

For an incomplete quoted sentence, end the quotation with a single dash if the speaker
interrupts himself:

MR BLOGGS: The most concerning comment was about how – reading from line 6:

I was so angry and just kept hitting him -

I will pause there.

For an incomplete quoted sentence, end the quotation with three spaced dashes if another
speaker interrupts:

MR BLOGGS: The most concerning comment was about how – reading from line 6:

I kept hitting him because I was so angry - - -

MR BROWN: Well, I object to this, your Honour.

© The State of Queensland (Department of Justice and Attorney-General) Page | 143

If the sentence starts part way through, commence the quotation with ellipsis and follow with the
first word of the quote, with no space:

MR BLOGGS: The most concerning comment was about how – reading from line 6:

...hitting because I was - - -

MR BROWN: Well, I object to this, your Honour.

Question and answer example

MR JONES: Mr Smith, do you see in that letter where it says:

My employment was terminated without any written notice from the employer.

?---Yes, I see that.

Question and answer – quotation interrupted by a witness

What he says is:

I have seen no fall-off of interest from buyers in recent times as a consequence of this
or any other mooted changes to the industry - - -

?---The way that I understood it is he is talking about the practice, the book, and I am only
valuing an interest.

Quotes with no introductory remarks

In wall to wall transcript

When a speaker commences reading quoted material without introductory remarks, leave a
clear line after the speaker’s name and type the quotation indented and in italics:

HIS HONOUR: Ms Green, read out the passage you are referring to.

MS GREEN:

APRA’s functions are set out in section 9 of the APRA Act and include, inter alia, any
functions conferred on it by any other Act of the Commonwealth.

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In Question and Answer transcript

Spoken by the questioner – type the word “Continuing” at the margin before the quotation
commences:

Please turn to page 11?---Yes, I’ve got that.

Continuing:

The applicant has shown himself to be a person upon whom no reliance can be placed.

Do you remember saying that?---Yes, I do.

Continuing:

And has providing several misleading statements to support his claim.

Spoken by the witness

Note: if in doubt about whether any words are part of a quotation or where a quotation starts
and stops, keep as a normal sentence.

Yes. If you could keep reading. What does the next sentence say?---

It was at this time that I considered legal proceedings against them because of their
actions.

Other than during evidence, long quotations may be paragraphed following the DJAG paragraph
content guidelines in the paragraph section of this manual. Long quotations during evidence
should not be paragraphed.

Stumbles or unnecessary repetitions of a written quote on the speaker’s part can be tidied up
within the strict tidying up guidelines in the section on False Starts and stumbles in this manual.

Quotations from case law or legislation by counsel or a witness

• To be transcribed in full.

Quotations of evidence in Summing-up/Redirections

• Quotations, including quotations of transcript, in summing up/redirections should be
transcribed in full unless read as absolutely verbatim where banners can be substituted
(two clear lines either side). For example:

PAGE 12, LINE 40 TO PAGE 13, LINE 10 READ

© The State of Queensland (Department of Justice and Attorney-General) Page | 145

if this referenced information is provided.

HIS HONOUR: I’ll let you go back into the jury room after we’ve finished hearing Dr
Smith’s evidence and you just let me know what you want to do, okay? All right, then.
Madam Associate, if you can read Dr Smith’s evidence, please.

DAY 15, PAGE 7, LINE 30 TO PAGE 24, LINE 18 READ

HIS HONOUR: And that’s the evidence of Dr Smith, ladies and gentlemen.

If the above banner information is not provided, all quotations are to be transcribed in full.

Note: in the above examples:

• this banner style layout can only be used if the transcript is read absolutely verbatim with
no interjections whatsoever. If any interjections occur, either by the speaker or another
person, all quotations are to be transcribed in full.

• listen through the audio to check that the speaker does not include his/her own words
during the quotation. For example, if, in the summing up/redirections, the judge is quoting
from a transcript passage and says words to the effect of “The witness said, ‘I didn’t steal
the car on Monday.’ Counsel then said, ‘That’s what you told the court’”, the words “the
witness said” and “counsel then said” need to be typed into the transcript as they do not
form part of the quotation.

HIS HONOUR: I will read out the passage that counsel highlighted for you yesterday. The
witness said:

I didn’t steal the car.

Counsel then said:

That’s what you told the court.

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Read by counsel:
Quotations of transcript which are made by counsel should be typed in full. Quotations of Q and
A segments should be laid out, indented and italicized, in the same way as a normal transcript
layout:

MR BROWN: I’ll read out the transcript section, if I may. Page 17, line 33, where I asked
the witness:

So you say that you had just one meeting with your supervisor?---Yes, it was just the
one.

And what date was that one meeting?---I think it was on a Monday. Monday, the 10th, I
think.

And just so that there was no ambiguity, I asked the witness again:

Just to get this clear, you’re saying that one meeting occurred, not two?---Definitely.
Yes.

HIS HONOUR: Yes. Thanks, Mr Brown. I see that.

Note: Quotations in Magistrates Court/QCAT decisions are transcribed verbatim and in full.

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3.24 Sound-alikes and Homophones

advert .................................. refer to

avert .................................... turn away, prevent, ward off

adverse................................ opposed, antagonistic

averse ................................. reluctant

advice (noun) ....................... an opinion recommended or offered

advise (verb) ........................ to give counsel or offer an opinion, to recommend

affect (verb) ......................... to alter, to change, to modify, to influence

affect (noun – rarely used) .. in psychological terms, external expression of emotion
effect (noun) ........................ result, consequence, outcome, aftermath
effect (verb) ......................... to bring about, to accomplish, to cause to exist

allude ................................... to refer to casually or indirectly

elude ................................... to slip away from, to avoid or escape by dexterity

antecedents (plural noun) .... ancestry, one’s past history

antecedence ........................ the act of going before

appellate .............................. taking notice of appeals (appellate court)

appellant (noun)................... one who appeals to a higher court

appraise............................... assess, estimate, value

apprise ................................ advise, inform, notify, warn

bare ..................................... (verb) to expose, display, confess

(adjective) stark, meagre, unembellished, plain
bear (verb) ........................... to tolerate, accept something as a duty or responsibility

to bate ................................. to restrain or to moderate (bated breath)

to bait .................................. to lure, to goad into anger, to seek to entrap

breach ................................. a failure to perform some promised act or obligation; to act

in disregard of laws, rules, contracts or promises – “a breach of
contract”
breech ................................. the position of a baby positioned with its head up instead of down
in the uterus; the opening in the rear of the barrel of a gun

complement ......................... balance, set off, supplement, complete

compliment .......................... praise, tribute, flattering remark

counsel (noun) ..................... (singular or plural) barrister or barristers in legal

proceedings
counsel (verb) ...................... to advise
council ................................. a body of people charged with specific business

dependant (noun) ................ one who depends

dependent (adj) ................... contingent on something else

disburse ............................... expend (money), defray (cost)

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disperse ............................... scatter, disseminate

discomfit .............................. (verb) to thwart, to disconcert

discomfort ............................ (noun) absence of comfort, uneasiness

discreet ................................ careful, cautious, guarded

discrete ................................ separate, distinct, different

elicit ..................................... draw, extract, evoke

illicit ..................................... illegal, unlawful, forbidden

enunciate ............................. to utter or pronounce words in a particular manner;

to state or declare definitively
annunciate ........................... to announce, but with a religious connotation

ensure ................................. to secure, make sure or certain

insure .................................. to guarantee against risk of loss or harm

incidence ............................. occurrence

incidents .............................. episodes, events

inter alia ............................... among other things

inter alios ............................. among other people

it’s ........................................ contraction or short form of “it is”

its......................................... possessive form of “it”

licence (noun) ...................... formal permission, certificate of permission

license (verb) ....................... to grant permission, to authorise
licensee (noun) .................... one to whom a licence is granted

loath .................................... disinclined, hesitant, reluctant

loathe .................................. despise, hate, abhor

lose, losing .......................... misplace, as in lost

loose .................................... relaxed, not tight

Messrs ................................. plural of Mr, when referring to more than one man

mute .................................... silent, speechless, quiet

moot .................................... debatable, arguable, doubtful, controversial

personalty ............................ chattels, movable assets

personality ........................... character, behaviour

practice ................................ (noun) the business of a professional person,

repeated or habitual performance
practise ............................... (verb) to carry out, perform

prescribe.............................. lay down or impose authoritatively, advise use of

proscribe.............................. put outside protection of the law, banish

principal ............................... chief, head, primary

principle ............................... law, regulation, rule, fundamental truth

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provenance.......................... origin, place of origin
providence ........................... foresight

temporally ............................ relating to time, secular

temporary ............................ not permanent, lasting a short time

tort ....................................... a civil wrong

torte ..................................... a rich cake
taught .................................. past tense of the verb to teach

tortious ................................ relating to torts

tortuous ............................... twisting and winding, devious, intricate

veracious ............................. speaking the truth

voracious ............................. greedy in eating, ravenous

who’s ................................... contraction or short form of “who is” or “who are”

whose (pronoun).................. of belonging, relating to – “Whose book is this?”

3.25 Spacing in Transcript

After a name in the margin: a colon and three spaces

Before and after all transcript banners two clear lines above and below
Short line to conclude a transcript two clear lines below last line of text
At the conclusion of addresses if transcribed two clear lines below last line of text
At the conclusion of summing-up if transcribed two clear lines below last line of text
Following a comma one space
Following a full stop two spaces
Following a semicolon one space
Following a colon two spaces

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3.26 Spelling

The authority for spelling and discrimination adopted for the purpose of transcripts is the latest
edition of the Macquarie Dictionary. When the dictionary gives alternative spellings, the
alternative first shown is to be used.

The Oxford Dictionary may be used if the word sought is not in the Macquarie.

Words spelled out

When a word is spelled out, it is represented in transcript in lower case with a single dash
between each of the letters. Note there is an initial capital letter for proper nouns:

His name is John Smith. John, J-o-h-n, Smith, S-m-i-t-h.

I said “employed”, e-m-p-l-o-y-e-d, not “employ”.

But

The Department of Employment and Workplace Relations is known as DEWR for short, that
is, D-E-W-R.

Note: Spellings within revisable transcript do not need to be typed out. Spellings are provided
solely for the benefit of the typist so that they will type the word/name correctly.

Phonetic Alphabet
If the phonetic alphabet is used to spell something, eg, registration numbers, type it as it is said,
using a capital letter at the start of the phonetic alphabet word:

Tango Mike Zulu 254

T for Tango, M for Mike, Z for Zulu 254

Note: the exception to this is when the phonetic alphabet is used in dictation, in which case the
letters only should be typed.

ie and eg
Type these abbreviations in transcript only if they are said as such. Type them with no spaces
and no stops between, with a comma either side:

To identify the relevant points, your Honour, there are three documents of interest, ie,
documents where you will find just this information.

That information has been provided in hard copy, eg, pamphlets and meeting notices, as well
as electronic copy.

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Mc and Mac
Names commencing with the prefixes Mc and Mac are to be shown at the margin, in witness
event lines and in footers with lower case “c” and “ac” as follows:

In the margin: MR McGREGOR

MS MacDONALD

In witness events: JOHN McTAVISH, SWORN

However, when the Mc or Mac is not a prefix and the name has only an initial capital, show as
follows:
MR MACKINNON Macleay Island
MS MACRAE Mackenroth Constructions

Mt or Mount
Where “Mount” is part of a name for a suburb or institution, type “Mount,” not “Mt”:
Mount Hotham
Mount Isa Institute of TAFE

Pty Ltd / Pty Limited / Proprietary Limited

Heading pages should show what is listed on the court file or court list. In the body of the
transcript, transcribe as spoken. Only type “Pty” or “Ltd” if that is the way it is said.

Senior / Junior
Mr Jones Senior is present in court
Michael Smith Junior
BUT I discussed that with Mr Jones, the senior of the two.

St or Saint
Where “Saint” is part of a name, use the abbreviated form of “St,” not “Saint”:

St Albans St Paul’s School

St Lucia St John’s College

St or Street
Type “Street” in full. Use the same rule for Point, Port, Road, Circuit, Avenue, etcetera:

15 Adelaide Street, Brisbane

The address was 1323 Circuit Street, Hong Kong

“Youse / Yous”
A non-standard word which should be transcribed as “youse”.

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3.27 Spelling names
Where a person’s name is given but no suggested spelling provided, use Google or other
reference material to identify any confirmed spelling. If none is available, make a sensible and
reasonable attempt to spell the word as it sounds.

3.28 Stand-alone comments

Many speakers use acknowledging words such as “okay”, “all right”, “fine” “thank you”
throughout a transcript. These should be shown as stand-alone comments, that is, they should
be followed by a full stop.

HER HONOUR: Okay. All right, then.

MS GREEN: Thank you, your Honour. Okay. I can’t quite remember the filing date, and I
can’t decipher the photocopy here.

HER HONOUR: I see. No problem. Take your time.

MS GREEN: Yes. All right.

3.29 Take In banners

TAKE IN banners are used in the main transcript to show where a revisable portion of the
transcript will appear as a separate document. For example, judgments, orders, sentences are
separate documents to the main transcript. They are revisable because they go to the court for
editing before they are released to the parties.

MS GREEN: It would become cumulative - - -

HIS HONOUR: If there was - - -

MS GREEN: - - - if there was a breach.

HIS HONOUR: If there’s a breach. Yes. All right.

TAKE IN SENTENCE

HIS HONOUR: I’m inclined to go ahead and make my decision as to what should happen
with this caveat now, even if it be the case that 389A isn’t quite the right pathway for it to have
got to me, it’s got to me and I’ve heard the substance of it. Do you disagree I should make my
decision now?

APPLICANT: No. Not at all.

HIS HONOUR: Very well. Have a seat.

TAKE IN JUDGMENT

© The State of Queensland (Department of Justice and Attorney-General) Page | 153

 HIS HONOUR: This is the matter of Smith. I’ve listed it this morning to give my reasons,
and the preliminary point on the application to exclude evidence. I will give those reasons
now. They won’t be published, obviously, unless – until proceedings are concluded. After
I’ve given my reasons, then I’ll hear from the parties as to the next step that might be required
in the proceedings.

TAKE IN RULING
(Only if Ruling has been extracted from transcript as a separate transcript request, otherwise
the Ruling would be transcribed in full)

HIS HONOUR: All right. Let’s have a conversation about the second aspect of the
application

Transcript example of the commencement of a judgment

HER HONOUR: The appellant, who is now 22 years of age pleaded guilty in the Magistrates
Court, Mount Isa on the 10th of March 2013 to two charges of assault occasioning bodily harm
in company. Those two offences were committed on the 16th of November 2012 in Surfers
Paradise. At the time the appellant was 19 years of age.

Transcript example of the commencement of a sentence

HIS HONOUR: Stand up, Mr Jones. This offence or offences which you committed that
night really snowballed from something that seems to have been a relatively minor domestic
dispute between you and a friend or friends. There was even a time when the anger that was
expressed by you against the other seemed to have been able to be sorted out, and then, really
inexplicably, you took the step that has led you to court today.

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Orders
In the body of the transcript show TAKE IN ORDER. Do not transcribe the order in the main
transcript. It is typed as a separate, revisable transcript.

Any orders delivered at the conclusion of a revisable transcript must remain as part of the
revisable transcript.

Transcript example of an order

HIS HONOUR: All right. Well, in relation to the appeal against convictions and sentences
imposed on the appellant in the Magistrates Court at Southport on the 15th of July 2011, by
consent, I make orders in terms of the draft order which I have initialled and dated and placed
with the papers.

______________________

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SECTION 4: JURY EVENTS

Empanelling of a jury
Empanelling usually occurs at the commencement of a trial where the accused (the defendant) has
pleaded not guilty.

Regardless of whether a matter is "fully transcribed" or "evidence-only transcript", or the “Ellipsis”

component is requested, under NO circumstances are juror names to be included in a
transcript, due to privacy/security issues.

Occasionally the judicial officer will ask the bailiff or associate to "call over" the jury if they have
been absent from the courtroom or after an adjournment. This portion of proceedings is NOT TO
BE TRANSCRIBED (see 3.7 - Ellipsis). All that needs to be included in the transcript is (eg) the
Bailiff saying:

BAILIFF: Jury all present and correct, your Honour.

Empanelling of jury when FULL TRANSCRIPT or “Ellipsis” requested

If a matter is being "fully transcribed" or only “Ellipsis” portion has been requested, the transcript will
show a banner representing the jury empanelment, and all legal argument, admission of exhibits
and everything else that happens up until the banner showing the opening by the Crown
prosecutor is transcribed. For example:

HIS HONOUR: Empanel the jury.

JURY EMPANELLED

HIS HONOUR: Ladies and gentlemen, you have been empanelled to try this case. I will ask the
Crown Prosecutor to inform you of potential Crown witnesses.

Empanelling of jury when EVIDENCE-ONLY TRANSCRIPT requested

If a matter is being transcribed as “evidence only” transcript, which is the standard practice
unless a full transcript has been requested, the JURY EMPANELLED banner is not included as
it is occurs within the ellipsis portion. The transcript would show:

HIS HONOUR: Empanel the jury.

MR SMITH OPENED THE CASE FOR THE CROWN

© The State of Queensland (Department of Justice and Attorney-General) Page | 156

In this case the ellipsis (...) represents the jury empanelment and also anything else that occurs
in the proceedings for that matter up until the opening by the Crown where the banner is
inserted to show the opening. It could be legal argument, the judge explaining the matter to the
jury, admission of exhibits, evidence in voir dire etcetera, but is not included in the “evidence
only” transcript.

It is not unusual for a jury to be empanelled and then legal argument etc continue for the
remainder of the day without Opening Addresses commencing. In these instances, the
transcript will show the ADJOURNED UNTIL banner only following the ellipsis.

Should the trial commence the next day and legal argument etcetera continue, the transcript will
commence with a RESUMED banner and then ellipsis until Opening Addresses commence.

Replacement juror empanelled

This will usually occur during the part of the proceedings covered by the ellipsis after the jury has
been empanelled and will only be transcribed if a full transcript or transcript type Ellipsis is
requested.

If a member of the jury indicates he/she knows one of the witnesses, the judicial officer will
question that juror as to whether he/she should continue as a juror in the trial.

If a Full Transcript or Ellipsis transcript is requested, the discussion around the juror replacement
process must be transcribed.

Ideally, if the Monitor can determine which juror is speaking, the speaker annotation should show
the juror as in the order they were sworn. For instance, if the juror was the fifth panel member
sworn, the Speaker annotation would be JUROR NO 5 and the transcript margin designator would
be the same.

If the juror number cannot be determined, a margin designator of JUROR is acceptable.

If more than one juror speaks and they are unidentified, use JUROR for each margin entry. Let
the transcript speak for itself.

If a juror is disqualified or discharged at the beginning of a trial, before any evidence or

submissions have commenced, no banner entry is needed. It is usually then necessary to swear
in a replacement juror. The replacement of the juror is shown in the transcript as follows:

REPLACEMENT JUROR EMPANELLED

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Transcript example: If a juror’s name is mentioned, it should not be transcribed. The word
“Juror” should replace the juror’s name.

HIS HONOUR: And there may be reasons personal to any one of you which may cause you
to wonder whether you can be completely impartial in this case. So if, for any reason
whatsoever, any one of you feels that you cannot be, and by all fair-minded people be seen to
be, completely impartial – and that might extend to Juror knowing Mr Smith – please raise
your hand now. Yes, come forward please, Juror number 2. All right. Is anyone else – okay.
We’ll need to select a new juror number 2.

REPLACEMENT JUROR EMPANELLED

HIS HONOUR: So the newly selected Juror number 2, having regard to what I said just
before, is there any reason why you feel that you cannot be, and by all fair-minded people be
seen to be, completely impartial?

If a juror is disqualified or discharged once a trial has started and perhaps after evidence has
started, it will usually follow that the whole jury will have to be discharged. There is no banner
entry for either a single juror, or a whole jury being discharged. The transcript will speak for
itself.

Speaker for the jury

The person elected as the spokesperson for the jury is referred to as speaker. This person may
be addressed by the judicial officer as "Speaker", "Mr Speaker" or "Madam Speaker", etcetera.
Some judicial officers may continue to use the traditional term "foreman" or "foreperson" when
addressing or talking about that individual. When the speaker makes a statement, at the margin
show:

SPEAKER:

If a juror other than the speaker speaks, do not identify the person by name; identify the person
by the order in which he/she was sworn, that is:

JUROR NO 2:

If the proceedings have been remotely recorded and you do not know which juror spoke, use:

JUROR:

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When the judicial officer/associate asks a question which requires the whole jury to respond in
unison, enter JURY: in the margin.

JURY:

Names of jurors
If the judge makes reference to the juror’s name, replace it with “Juror”.

HIS HONOUR: So, Juror, you say you know this witness.

Sample verdict transcript:

ASSOCIATE: Members of the jury, are you agreed upon your verdicts?

JURY: Yes.

HER HONOUR: Yes.

ASSOCIATE: In respect of count 1, do you find the defendant, John Joe Jones, guilty or not
guilty of stealing?

SPEAKER: Guilty.

HER HONOUR: Guilty.

ASSOCIATE: Guilty, your Honour. So says your speaker, so say you all?

JURY: Yes.

Witnesses’ names read to the jury

This will usually occur during the part of the proceedings covered by an ellipsis after the jury is
empanelled.

Having selected the jury, it is then usual for the trial judicial officer to request the Crown prosecutor
to read out the name of the accused and the names and addresses of the witnesses who it is
proposed to call to give evidence. If a full transcript or a transcript type Ellipsis is requested, this is
transcribed in full.

When this has been done the judicial officer then invites the jurors to state whether or not any of
the persons mentioned is known to them.

Do not show "No response from jury" in the transcript. Let the transcript speak for itself.

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Adjournment/Resumption with a jury and jury status after day 1

For ongoing transcripts, day 2 and beyond will start with the resumption banner. If the status of
the jury from the prior day is known, include that information in the resumption banner, if
applicable.

Refer to the Adjournment/Resumption section in this manual for further detail.

If the judicial officer wishes to discuss something with counsel in the absence of the jury, or if a
witness is in the witness box and counsel or the judicial officer wish to discuss something in the
absence of the jury, the jury will be asked to leave the courtroom. In the transcript this event is
represented by the banner entry THE JURY RETIRED followed by the applicable time.
Transcribe the exchange and then return the jury with THE JURY RETURNED banner followed
by the applicable time and then re-enter the witness event line.

MR SMITH: Can I make a submission on the law, please.

HER HONOUR: Yes. Members of the jury, would you excuse us for a moment.

THE JURY RETIRED [9.33 am]

MR SMITH: The line of question that’s just being pursued is obviously with a view to Jones
v Brown.

HER HONOUR: Yes.

(discussion continues until the judicial officer asks for the jury to be returned)

MR SMITH: Thank you, your Honour.

HER HONOUR: Bring the jury in.

THE JURY RETURNED [9.45 am]

BRIAN PETER BAKER, CONTINUING

CROSS-EXAMINATION BY MR SMITH

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Jury retires and returns
When the jury retires or returns, use THE JURY RETIRED or THE JURY RETURNED banners
(two lines either side):

THE JURY RETIRED [11.14 am]

THE JURY RETURNED [11.32 am]

If the jury is not officially retired at the end of the day of a hearing, there will be no JURY RETIRED
banner. This will also apply in a civil trial with a jury. Let the transcript speak for itself.

HIS HONOUR: The case has proceeded with some expedition today, so Mr Smith’s
predicament is understandable. What it means, ladies and gentlemen, is that you’re not
required any more today and I look forward to seeing you tomorrow morning at 10 o’clock.
The court will adjourn until then.

MATTER ADJOURNED at 3.42 pm UNTIL WEDNESDAY, 22 MAY 2023

Ellipsis used when empanelment is not transcribed

The Jury Empanelment process is not transcribed unless specifically requested. Once the
process begins, the transcript should show the ellipsis with two clear lines either side. The next
banner should be the opening address banner.

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Jury dismissed

There is no banner entry to show this event. The content of the transcript will speak for itself.
For example:

HIS HONOUR: I accede to the application, as I’ve said, and I propose to discharge this jury.
The trial will have to commence again. I will discharge the jury now. Would you bring the
jury in.

THE JURY RETURNED [11.24 am]

BAILIFF: Jury present and correct, your Honour.

HIS HONOUR: Ladies and gentlemen, a matter of extraordinary seriousness has arisen in
this trial. This has occurred during the course of the time that you’ve been in the jury room. I
thank you on behalf of the community for your involvement in this trial. Thank you. The jury
have left the courtroom – the former jury have left the courtroom. What do we do now?

MR JONES: Your Honour, the Crown has no objection to the trial starting next week.

(transcript continues)

HIS HONOUR: Adjourn the court.

________________________

Mistrial

In the event that a mistrial occurs, the judicial officer will dismiss the jury. No banner event is
needed in this instance. Let the transcript speak for itself.

HIS HONOUR: Ladies and gentlemen, there has been some legal argument before me and as a
result of the matters raised in the argument, I have determined to rule that the trial that has been
proceeding with you as the jury should be terminated. As the jury in this matter, you are formally
discharged. Thank you very much. You are free to go.

MR SMITH: Your Honour, I’m unavailable next week. Would your Honour mention it tomorrow
and I can liaise with my learned friend.

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Verdicts
When the jury returns to give its verdict, this marks the beginning of a separate transcript.

Verdicts are not transcribed unless requested. Should a verdict transcript be requested,
proceedings are transcribed in full from when court resumes for the first verdict event, including
multiple verdicts and any redirections or legal discussion between verdicts.

The transcript will commence with the [TIME] notation when the court resumes for the verdict
and [TIME] notations will show for all court adjournments and resumptions during a Verdict
transcript.

[2.23 pm]

HER HONOUR: Madam Bailiff, we’ve got verdicts?

BAILIFF: Yes, your Honour, the jury have advised they’ve reached a verdict.

HER HONOUR: Thank you. Bring the jury back, please.

THE JURY RETURNED [2.24 pm]

HER HONOUR: Members of the jury (etcetera)

If a verdict transcript is to be transcribed

When a jury returns with a verdict(s), all words spoken are to be transcribed verbatim - including
all false starts, wrong words, etcetera.

Enter SPEAKER: in the margin when the speaker of the jury says something.

HER HONOUR: Members of the jury, have you got a speaker?

SPEAKER: Yes.

HER HONOUR: Okay. Has the jury reached verdicts in respect of each and every count?

SPEAKER: Yes, on each count.

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Jury unable to reach a verdict
Not transcribed unless requested within a Summing-Up/Redirections or Verdict transcript.

Occasionally a jury will indicate to the judicial officer that it cannot reach agreement on a verdict.
If a transcript is requested, all exchanges between the judicial officer and the speaker of the jury or
a member of the jury must be recorded and transcribed.

Presiding Judge may request a jury to continue deliberations several times if jury advises a verdict
cannot be reached and will usually deliver a Black Direction before discharging a jury.

Be particularly careful to transcribe exchanges between the judicial officer and counsel after the
jury has been requested to continue its deliberations.

Note: If the Jury are unable to reach a Verdict and are discharged, this would be included
in the Summing Up/Redirections transcript and NOT a Verdict transcript (as no verdict is
delivered) UNLESS jury has delivered a verdict on one or more charges but cannot reach
agreement on the remaining charges whereby the exchanges between Judge and jury
would be in the verdict transcript.

The verdict transcript will conclude when the judicial officer dismisses the jury/adjourns the court
(whichever comes last), or, if sentencing submissions commence immediately after Verdict, at the
commencement of sentence submissions. There is no need to include the JURY RETIRED
banner as the transcript will speak for itself.

Verdict transcripts should conclude with a short line, flush left two carriage returns below the last
line of text.

HER HONOUR: On behalf of the court, thank you very much for your patience, time and
effort in respect of this matter. Don’t forget to get all of your things before you go. You’re free
to go.

______________________

Black Direction
In consultation with counsel, the judicial officer may give the jury a Black Direction. This is a
direction that, unless a verdict is reached by a certain date and time, the jury will be discharged
and a retrial listed. This generally occurs when there have been numerous redirections, jury
questions about details/charges, and time issues (eg, Circuit trial). The Black Direction forms part
of the summing up/redirections transcript.

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Majority Verdict
In consultation with counsel, the judicial officer may give the jury a direction as to a majority verdict
being acceptable. This is a direction that a majority of generally 11:1 or 10:2 is acceptable to
finalise deliberations and return a verdict. This generally occurs when there have been numerous
redirections, jury questions about details/charges, and time issues (eg, Circuit trial).

The majority verdict direction forms part of the summing up/redirections transcript.

The jury returning and recording a verdict forms a verdict transcript.

Conclusion of verdict transcript

Leave two clear lines and then enter a short line from the left margin.

Judge-alone Supreme or District Court criminal trials

Should a criminal trial matters be heard before a Judge only, when Counsel have concluded their
addresses to Judge/final legal argument or submissions have concluded and Judge commences
their reasons and judgment, the main trial transcript should conclude with TAKE IN
JUDGMENT

A separate, revisable Judgment transcript is then prepared containing Judge’s reasons and final
judgment as to guilt or not of the defendant(s).

Sentencing might commence immediately following delivery of Judgment and separate Sentence
Submissions and revisable Sentence transcripts should be produced.

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SECTION 5: JURISDICTIONS

Basha inquiry/S590AA hearing (Pre-Trial Hearing)

These matters are to be recorded and transcribed in full.

Argument regarding matters of law, mostly concerning admissibility of evidence (heard on Voir Dire),
usually occur as a separate event (a pre-trial hearing) in advance of the trial itself, and sometimes
before a judicial officer who may not preside at the trial. At this preliminary hearing, the judicial
officer rules on the issues in question.

If a witness should have been cross-examined at a committal proceeding and was not cross-
examined, the District Court or the Supreme Court may have to conduct a Basha Inquiry/590AA
hearing. This involves cross-examining the witness on Voir Dire without a jury present.

Any rulings made during a Pre-Trial/Basha Inquiry/S590AA should be included as part of the main
transcript unless specifically requested separately.

Orders separate to Rulings should be notated with the TAKE IN ORDER banner and the Order
transcript requested as a separate, revisable transcript.

Supreme and District Court - Criminal

Judges of the Trial Division are shown in the margin as

THE CHIEF JUSTICE:
THE CHIEF JUDGE:
HIS HONOUR:
HER HONOUR:

After Counsel announce their appearances, the following preliminary stages of a trial occur:

1. The Crown presents the indictment (transcribe)

2. The judicial officer invites the defendant (accused) to stand (transcribe)

3. The judicial officer asks the associate to arraign the defendant (transcribe)

4. The associate reads out the indictment (transcribe - even false starts)

5. The defendant replies by pleading (transcribe)

6. The judicial officer announces the jury empanelment process (not transcribed)

7. The jury is empanelled (not transcribed)

Ellipsis should only be included in an evidence-only criminal trial transcript to show the portion of
proceedings from commencement of jury empanelment through to commencement of opening
addresses which may include legal argument, rulings, adjournments and resumptions, etcetera,
which must be requested separately as an Ellipsis-type transcript in order to be transcribed.

Begin transcribing again when the Crown commences opening addresses. Addresses banners
only (opening and closing addresses are not transcribed unless requested).

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Commence typing after the opening address by the Crown has finished. If tapes of pre-
recorded evidence are played, use the RECORDING PLAYED banner entry.

Evidence-only criminal trial transcripts will usually include:

• From commencement of proceedings till commencement of Jury Empanelment/Judicial

Address

• Portion of proceeding between announcement of jury empanelment and commencement

of Opening Address(s) is represented by Ellipsis (…)

• Opening Address banner(s) (only)

• All content immediately following Opening Address(s) thorough to the commencement of

Closing Addresses

• Closing Addresses banners (only)

• All content immediately following Closing Address through to commencement of Summing

Up (separate revisable transcript)

Other than portion of proceedings represented by Ellipsis and Opening/Closing Addresses (all
of which can be requested separately or included in a Full Transcript request), all content
from commencement of the trial through to Summing Up is to be transcribed.

For example:

Discussions between Judge and counsel following Opening Addresses but prior to evidence
commencing are transcribed in full.

All discussion between Judge and Bar table after the jury has been sent out following conclusion
of Closing Addresses but before commencement of Summing Up would be transcribed.

Legal Argument – when to type it

Unless directed by the Judicial officer to be recorded but not transcribed, all legal argument
within the portion of proceedings covered by a transcript request is transcribed

Legal argument with a witness present

When evidence is being given by a witness who is in another room (or location) giving evidence
via Telephone/Video Link or CCTV, Judge/counsel may request the witness be muted so that
discussion/legal argument may occur

Let the transcript speak for itself.

There is no need to include a WITNESS STOOD DOWN banner.

On the resumption of the evidence, head up the transcript as for a witness CONTINUING or for
a new stage of evidence.

Legal argument after closing addresses

Any legal argument occurring after closing addresses and before summing up should be typed
and included in the Evidence Only/Full Transcript.

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Legal argument after summing up
Legal argument/discussion between counsel and the judicial officer after the jury retires is
transcribed in the summing up transcript.

Sample layout of “Evidence-Only” Criminal Trial transcript

HER HONOUR: Good morning. Can I have the appearances, please.

MS A. GREEN: Good morning, your Honour. My name is Green, initial A., instructed by
the Director of Public Prosecutions, for the Crown.

HER HONOUR: Thank you, Ms Green.

MR B. BROWN: Brown, your Honour, initial B., instructed by Legal Aid Queensland, for
the accused.

HER HONOUR: Thank you.

MS TEMPLETON: I present an indictment against Joe Bloggs charging him with assault. I
ask that he be arraigned upon that indictment.

HER HONOUR: Yes. Joe Bloggs, would you stand up. Arraign the accused.

ASSOCIATE: Joe Bloggs, you stand charged by that name that on the 18th day of October
2007 at Wacol in the State of Queensland you assaulted Jane Doe. How say you, are you
guilty or not guilty?

DEFENDANT: Not guilty.

HER HONOUR: Inform the accused of his right of challenge and empanel the jury, please.

...

MS GREEN OPENED THE CASE FOR THE CROWN

JANE JAYNE DOE, SWORN [9.50 am]

EXAMINATION-IN-CHIEF BY MS GREEN

Note: for criminal trial transcripts, start typing the content of the matter once opening addresses
have concluded.

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If opening addresses are interrupted for any reason, and some discussion occurs at that point,
that should also be typed and followed by the applicable banner to show opening address is
continuing.

HER HONOUR: Thank you, Mr Brown. Thank you, members of the jury.

MR BROWN OPENED THE CASE FOR THE CROWN

HER HONOUR: Let me just interrupt you a moment, Mr Brown. Something has been
brought to my attention which needs to be addressed immediately.

MR BROWN: Of course, your Honour.

(exchange between the bench and counsel occurs here)

MR BROWN CONTINUED TO OPEN THE CASE FOR THE CROWN

Sample layout of “Full Transcript” Criminal Trial transcript

If a request is made to have the preliminary stages of a trial transcribed (full transcript), then
instead of the three dots signifying missing text, the transcript would look like this:

HER HONOUR: Good morning. Can I have the appearances, please.

MS A. GREEN: Good morning, your Honour. My name is Green, initial A., instructed by
the Director of Public Prosecutions, for the Crown.

HER HONOUR: Thank you, Ms Green.

MR B. BROWN: Brown, your Honour, initial B., instructed by Legal Aid Queensland, for
the accused.

HER HONOUR: Thank you.

MS GREEN: I present an indictment against Joe Bloggs charging him with assault. I ask that
he be arraigned upon that indictment.

HER HONOUR: Yes. Joe Bloggs, would you stand up. Arraign the accused.

ASSOCIATE: Joe Bloggs, you stand charged by that name that on the 18th day of October
2007 at Wacol in the State of Queensland you assaulted Jane Doe. How say you, are you
guilty or not guilty?

DEFENDANT: Not guilty.

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 HER HONOUR: Inform the accused of his right of challenge and empanel the jury, please.

DEFENDANT INFORMED OF RIGHT OF CHALLENGE

JURY EMPANELLED

The judicial officer then invites the Crown to read out to the jury the names of the witnesses
who are likely to be called (transcribe).

HER HONOUR: Ladies and gentlemen, having heard those names and bearing in mind what
I previous said, does any juror feel that they cannot be impartial? Thank you.

Ladies and gentlemen not empanelled for this trial, you are now free to go. I thank you for
your attendance this morning. Would you watch the law list in the Courier Mail to see when
you are next required.

Make the proclamation as to witnesses, please.

PROCLAMATION AS TO WITNESSES MADE

HER HONOUR: Place the accused in the charge of the jury.

DEFENDANT PLACED IN THE CHARGE OF THE JURY

HER HONOUR: Swear the bailiff, please.

BAILIFF SWORN

HER HONOUR: Ladies and gentlemen, I will tell you something more about our roles in this
trial. From the outset, however, you should understand that you are judges in this trial. You
are the sole judges of the facts. If there is going to be a dispute about some matter of fact, then
it is for you and not me to resolve that dispute. My role in the trial is confined to matters of
law. I tell you what the law is but you decide the case on the evidence. Your verdict in this
case must be based only upon the evidence that you hear in this courtroom.

You have been asked by my Associate to select a foreperson. That person's role is to act as
your spokesperson.

Ms Green, will you open your case, please.

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 MS GREEN OPENED THE CASE FOR THE CROWN

JANE JAYNE DOE, SWORN [9.50 am]

EXAMINATION-IN-CHIEF BY MS TEMPLETON

Arraignment
When the indictment (charge) is read by the judicial officer’s associate to the accused person(s),
this is called the arraignment. When the accused is arraigned, he/she is asked how he/she
pleads. This exchange between the associate and the accused should be transcribed verbatim,
including false starts, wrong words, etcetera. Note that the accused is shown as DEFENDANT
in the margin.

Previously pleaded

MR SMITH: Joe Bloggs is before the court, your Honour. There is an indictment presently before
the court presented on the 10th of June 2018 charging him with nine offences of stealing to which he
has pleaded not guilty.

Not guilty plea

ASSOCIATE: Joe Bloggs, you stand charged by that name that on the 18th day of February 2007, at
Brisbane in the State of Queensland, you wilfully and unlawfully set fire to the dwelling house of
Jane Doe. How say you, Joe Bloggs, are you guilty or not guilty?

DEFENDANT: Not guilty.

ASSOCIATE: Not guilty, your Honour.

Guilty plea

ASSOCIATE: Joe Bloggs, you stand charged by that name that on the 18th day of February 2007, at
Brisbane in the State of Queensland, you wilfully and unlawfully set fire to the dwelling house of
Jane Doe. How say you, Joe Bloggs, are you guilty or not guilty?

DEFENDANT: Guilty.

ASSOCIATE: Guilty, your Honour. Joe Bloggs, you have been convicted on your own confession
of the offence of wilfully and unlawfully setting fire to a dwelling house. Have you anything to say
why judgment should not be pronounced upon you according to law?

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Bulk arraignments
Sometimes judicial officers or their associates abbreviate indictments containing multiple charges
into short form. In these circumstances, transcribe the proceedings verbatim. For example:

ASSOCIATE: John Smith, you are charged with four counts of unlawful assault and five
counts of breaking, entering and stealing. Are you guilty or not guilty?

DEFENDANT: Guilty.

Pleas by more than one defendant

ASSOCIATE: Joe Bloggs and John Smith, you stand charged that on the 8th day of September
2007, at Brisbane in the State of Queensland, you committed rape upon one Jane Doe. How say you,
Joe Bloggs, are you guilty or not guilty?

DEFENDANT BLOGGS: Not guilty.

ASSOCIATE: Not guilty, your Honour. How say you, John Smith, are you guilty or not guilty?

DEFENDANT SMITH: Not guilty.

ASSOCIATE: Not guilty, your Honour. Joe Bloggs and John Smith, you stand further charged that
at the time and place aforesaid you attempted to commit rape upon the said Jane Doe. How say you,
Joe Bloggs, are you guilty or not guilty?

DEFENDANT BLOGGS: Guilty.

ASSOCIATE: Guilty, your Honour. How say you, John Smith, are you guilty or not guilty?

DEFENDANT SMITH: Guilty.

Bailiff sworn
This will usually occur during the part of the proceedings covered by Ellipsis and follows
empanelment of the jury. This banner entry will only be transcribed if the Ellipsis, Jury
Empanelment as an Extract or a full transcript is requested.

When a judicial officer directs the associate to swear in the bailiff, it is necessary only to show in
the transcript (two lines either side):

BAILIFF SWORN

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Defendant placed in the charge of the jury
This will usually occur during the part of the proceedings covered by Ellipsis and generally follows
the bailiff being sworn. This banner entry will only be transcribed if the Ellipsis, Jury Empanelment
as an Extract or a full transcript is requested.

When the judicial officer directs that the accused (defendant) be placed in the charge of the jury, it
is necessary to only show in the transcript (two lines either side):

DEFENDANT PLACED IN THE CHARGE OF THE JURY

Proclamation as to witnesses made

This will usually occur during the part of the proceedings covered by Ellipsis and generally follows
the defendant being placed in the charge of the jury. This banner entry will only be transcribed if
the Ellipsis, Jury Empanelment as an Extract or a full transcript is requested.

This proclamation warns witnesses in the trial to remain out of the hearing of the court until they
are called to give their evidence and is generally made by the bailiff. When the proclamation
occurs, it is necessary only to show in the transcript (two lines either side):

PROCLAMATION AS TO WITNESSES MADE

Submission on sentence by Crown and Defence

After a defendant has pleaded guilty, submissions on sentence are delivered by both sides. No
banner entry is needed and normal paragraphing applies.

If a defendant has pleaded not guilty and the trial has progressed to the point where a jury has
delivered a guilty verdict, submissions on sentence that are delivered following the Verdict form
part of a separate transcript. No banner entry is needed and normal paragraphing applies.

The defendant is asked whether he/she has anything to say in relation to the sentence to be
imposed. This is called the allocutus. It forms part of the sentence submissions transcript.

If a victim impact statement is read out in court during submissions on sentence, type this in full.

This document will conclude with the TAKE IN SENTENCE banner.

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Transcript example where an adjournment/resumption occurs prior to sentencing.

HER HONOUR: I will come back after I’ve had a quick look at the cases.

ADJOURNED [2.46 pm]

RESUMED [3.07 pm]

HER HONOUR: I’ve had an opportunity to read those three cases. Stand up, please, Mr
Jones, we’ve just got to call upon you before I pass sentence.

ASSOCIATE: John Jones, you’ve been convicted of three counts of indecent treatment. Have
you anything to say why sentence should not be passed upon you according to law?

DEFENDANT: No.

HER HONOUR: No.

TAKE IN SENTENCE

Sentences
In the main transcript, when the judicial officer commences the sentencing remarks, go down two
clear lines and show at the margin:

TAKE IN SENTENCE

Sentences are transcribed in a separate document when ordered. Everything is transcribed in a

sentencing document; the ellipsis is not used.

If the convicted person speaks, the correct designation is DEFENDANT.

Discussion between the judicial officer and counsel during a sentence is also transcribed in the
sentence document.

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When the judicial officer finishes sentencing the defendant, show this in the transcript by leaving
two clear lines and then entering a short line in from the left margin.

I propose to fix your parole release after you have served a quarter of that period reflecting
the very different personal circumstances involved in your matter as compared to your
father’s.

In all of the circumstances then, I sentence you to three years imprisonment in respect of the
production offence. I impose no penalty in respect of the possession offence. I fix your
parole release date as the 15th of February 2014. That is in nine months’ time.

______________________

© The State of Queensland (Department of Justice and Attorney-General) Page | 175

Summing up/Redirections
Not transcribed unless requested and transcribed in full except if names of jurors are called (see
3.7 – Ellipsis)

Transcript cover page will show a SUMMING UP banner and the transcript will be watermarked
UNREVISED.

The judicial officer sums up to the jury after the closing addresses. In the trial transcript, show
(two lines after last line of transcript text):

HER HONOUR: Thank you, Mr Smith.

TAKE IN SUMMING UP

In the normal course of events, after this banner nothing more is transcribed in the main transcript.

Summing up remarks by Judge are paragraphed.

on the day.

In addition to the summing up remarks by Judge, a Summing Up transcript will include all legal
argument/discussion between Judge and counsel and all redirections (directions on law or
discussion directly between Judge and Jury after jury has been sent out to deliberate) and all other
discussion from the time the summing up commences until Court adjourns for the day or the jury
returns with their verdict, whichever is first.

When commencing a Summing Up transcript there is no requirement for a time to be added to the
initial summing-up banner as the cover page will state the time summing-up commenced; nor is
there a requirement to commence the transcript with a RESUMED banner.

For example:

HIS HONOUR SUMMED UP TO THE JURY:

Members of the jury (etcetera)

© The State of Queensland (Department of Justice and Attorney-General) Page | 176

Time notation after jury retires to consider its verdict

Upon summing-up concluding and the jury being sent out to commence their deliberations,
ADJOURNED/RESUMED banners do not apply to the balance of the summing up/redirections
transcripts (which may continue over several days). A [TIME] notation flush right will show
adjournments and resumptions.

HIS HONOUR SUMMED UP TO THE JURY:

Members of the jury…
(at the conclusion leave two clear lines

THE JURY RETIRED [3.23 pm]

HIS HONOUR: Are there any requests for redirections?

MR JONES: No, your Honour.

MR SMITH: No.

HIS HONOUR: Very well. Adjourn the court.

[4.15 pm]

[4.45 pm]

HIS HONOUR: No notes from the jury, so I will call them back…

(transcript continues)

THE JURY RETURNED [4.50 pm]

HIS HONOUR: Members of the jury, please return for 9.30am tomorrow to continue your
deliberations. You may go with the Bailiff.

THE JURY RETIRED [4.52 pm]

HIS HONOUR: Nothing further, Mr Smith? Mr Jones? All right. Adjourn the court.

[4.53 pm]

© The State of Queensland (Department of Justice and Attorney-General) Page | 177

Normal ADJOURNED/RESUMED banners apply during summing-up

(summing up transcript)

We might adjourn for a short break.

ADJOURNED [11.10 am]

RESUMED [11.23 am]

HIS HONOUR CONTINUED SUMMING UP TO THE JURY:

Now, members of the jury, as I was saying before the break…

If the Judge is still summing-up at the conclusion of the day, show a MATTER ADJOURNED
UNTIL banner

HIS HONOUR SUMMED UP TO THE JURY:

Members of the jury…

(at the conclusion leave two clear lines

THE JURY RETIRED [4.23 pm]

HIS HONOUR: Anything further?

MR JONES: No, your Honour.

MR SMITH: No.

HIS HONOUR: Very well, I will resume in the morning. Adjourn the court until 9.30am
tomorrow.

MATTER ADJOURNED at 4.25 om UNTIL WEDNESDAY, 22 MAY 2023

© The State of Queensland (Department of Justice and Attorney-General) Page | 178

If the summing up goes over more than one day, the resumption banner will apply. There is no
requirement to show a time in the Summing Up banner.

RESUMED [9.30 am]

HIS HONOUR CONTINUED SUMMING UP TO THE JURY:

Members of the jury…

Should the jury have commenced deliberations and previous day’s Summing Up transcript
concluded with a [TIME] banner, the next day’s transcript will commence with a [TIME] banner.

[10.07 am]

HER HONOUR: Good morning. I have a note from the jury.

(transcript continues)

HER HONOUR: We’ll have the jury back, please.

THE JURY RETURNED [10.15 am]

HER HONOUR: Members of the jury…

(transcript continues)

THE JURY RETIRED [10.30 am]

HER HONOUR: Anything further?

MR BROWN: Nothing from me, your Honour.

HER HONOUR: Thank you. Okay. We’ll adjourn.

[10.32 am]

© The State of Queensland (Department of Justice and Attorney-General) Page | 179

Footer for Summing-Up

A footer (right hand flush) will show on relevant pages of a summing-up transcript where the
Judge is actually summing-up to the jury.

For example:

(Summing-up)

_____________________________________________________________________________
(blank) 1-7 SUMMING-UP

Redirections

Applications for redirections and the redirections to the jury by the Judge are transcribed within the
overall summing-up transcript of the day.

Should the transcript contain Redirections only (this is quote common for matters where the jury is
deliberating over several days after summing-up), transcripts will still show an UNREVISED
watermark and may show a REDIRECTIONS banner on the cover page.

THE JURY RETIRED [3.49 pm]

MR BROWN: I ask for the following redirections...

MR SMITH: I submit that….

HIS HONOUR: I shall redirect on the first point.

THE JURY RETURNED [4.01 pm]

HIS HONOUR: Members of the jury..

THE JURY RETIRED [4.40 pm]

HIS HONOUR; Thank you. Mr Bailiff, adjourn the court.

[4.41 pm]

© The State of Queensland (Department of Justice and Attorney-General) Page | 180

Footer for Redirections

A footer (right hand flush) will show on relevant pages of a summing-up transcript where the
Judge is actually provided redirections to the jury,

For example:

(Redirections to jury)

_____________________________________________________________________________
(blank) 1-7 REDIRECTIONS

© The State of Queensland (Department of Justice and Attorney-General) Page | 181

Summary Charges
If an accused person is before a higher court charged on indictment, the Crown may also ask the
court to deal with other charges which would ordinarily be dealt with summarily by a Magistrate -
that is, minor matters which would not come before a higher court.

For convenience, and so that the accused may be dealt with on one occasion, the higher court
deals with the indictable offences and the summary offences at the same time.

Example of indictments and summary charges being heard in a higher court

MR JONES: Your Honour, there are four matters to be dealt with this morning. There is
already a two-count indictment before the court charging the accused with false pretences. I
present a further ex officio indictment of 30 counts, relating mainly to property offences. There
are some summary matters, too.

MR BROWN: I have taken my client through every one of the 30 counts, and if your Honour
wishes he can be arraigned on the whole indictment. There is also before your Honour an
application to transmit summary charges, signed by my client.

HIS HONOUR: We will bulk arraign on the indictable offences and then read the other
charges.

ASSOCIATE: Joe Bloggs, have you read each of the counts contained in the indictment
numbered 1693 of 1997 and the ex officio indictment presented today?

DEFENDANT: Yes.

ASSOCIATE: Joe Bloggs, have you fully understood…

DEFENDANT: Yes.

ASSOCIATE: Are you prepared to plead to the counts contained in those indictments without
each separate count being read individually to you?

DEFENDANT: Yes.

ASSOCIATE: Joe Bloggs, in respect of each count on the ex officio indictment presented today
and indictment number 1692 of 2012, how do you plead: guilty or not guilty?

DEFENDANT: Guilty

(The associate now reads out the summary charges. Transcribe verbatim)

DEFENDANT: Guilty.

© The State of Queensland (Department of Justice and Attorney-General) Page | 182

Criminal Trial – Judge only
A criminal trial can occur with a judge only, ie, with no jury. The same evidence-only criminal
principles apply. However, there will be no entry of JURY EMPANELLED or DEFENDANT
PLACED IN THE CHARGE OF THE JURY. There will also be no summing up.

At the end of the trial, the judicial officer delivers a Judgment, as opposed to a verdict. This is
still typed as a separate document.

Orders in criminal matters

Include minor orders (for example a nolle prosequi or bench warrant) verbatim in the main
transcript.

Pre-Recorded Evidence

Under the Evidence (Protection of Children) Amendment Act the evidence of a child, generally
referred to as affected child, can be taken at a preliminary hearing normally before a District
Court judge. (Pre-recorded evidence may also be taken in committal proceedings before a
magistrate.)

The proceedings are videotaped by the bailiff and then edited prior to being played during the
trial.

During a trial, pre-recorded evidence may be played to the court. When this occurs, enter one
of the following banners:

RECORDING PLAYED

EXHIBIT #1 PLAYED (Only if certain a specific Exhibit is being played)

MFI #A PLAYED (Only if certain a specific MFI is being played)

These banners replace the content of the recording. A transcript of the pre-recorded evidence
will have been provided to the court at an earlier stage and may also be distributed to the jury as
an aid. It is therefore not necessary to re-transcribe any of it.

If a transcript of pre-recorded evidence is read to the jury, and if it is identified as having an

exhibit number, show this as:

EXHIBIT #1 READ TO THE JURY

OR

MFI #A READ TO THE JURY

If it is not identified as an exhibit, then use this wording:

TRANSCRIPT READ TO THE JURY

© The State of Queensland (Department of Justice and Attorney-General) Page | 183

Supreme and District Courts – civil and appellate

At the beginning of a civil trial

All civil trials and hearings in all jurisdictions are transcribed in full.

Civil Juries

On occasion a civil trial may be heard before a jury, usually of four people.

Note: The jury empanelment and other events covered by the Ellipsis portion of a criminal trial
transcript are transcribed in full should a civil trial be heard before a jury.

Summing up and Redirections – Civil

Same instructions as for Supreme and District Court Criminal.

Jury's decision/Verdict – Civil

Same instructions as for Supreme and District Court Criminal.

Judgments
In Judge-alone Civil trials/hearings, the Judge will deliver their reasons and determination as a
Judgment, which is not included in the main trial/hearing transcript. Generally a Judgment is
delivered some time after the trial/hearing and the main trial/hearing transcript will conclude with a
short line flush left.

However, should Judge deliver their Judgment ex-tempore immediately following the conclusion
of the trial/hearing, show two clear lines below last line of transcript:

TAKE IN JUDGMENT

Judgments are revised by the judicial officer.

Discussion during judgment

Discussion that transpires after delivery of the judgment forms part of the judgment transcript
(except Costs discussion, see below). This rule applies to criminal jurisdictions as well.

© The State of Queensland (Department of Justice and Attorney-General) Page | 184

Costs in a judgment or order document
Discussion relating to costs following the reasons/judgment is not transcribed.

Show Ellipsis at the margin (two lines either side) to indicate omission of material and transcribe
the judicial officer's order relating to costs.

Example:
For those reasons, I will refuse the application for a stay.

...

HIS HONOUR: I order that the defendant pay the plaintiff's costs of and incidental to this
application, to be taxed.

Note: if costs are discussed during the course of the hearing, ie, not during the giving of orders or
judgment, these are typed and included in the transcript.

Note: should a full transcript of the hearing portion of the matter be requested, the portion
relating to costs should be included in the main transcript.

In these instances the hearing transcript would read:

(transcript)

TAKE IN JUDGMENT (separate transcript)

(costs discussion)

TAKE IN JUDGMENT (text in Judgment where Judge delivers costs orders)

End of judgment
Come down two clear lines and enter a short line in from the left margin to note end of judgment.

© The State of Queensland (Department of Justice and Attorney-General) Page | 185

Oral Examination – Civil
Oral examinations are neither restricted nor in-camera.

They are only transcribed if requested.

Orders
If any order is delivered during the hearing, this is typed as a separate document when
requested. In the main transcript, type TAKE IN ORDER, with two clear lines either side.

Simple orders in relation to adjourning or directions, nolle prosequie or bench warrants can stay
in the main transcript.

When typing an order as a separate document, conclude with a short line in from the left margin.

Taxing Officer
When a civil action is concluded, it is often ordered that the costs of the parties be taxed.
This means assessed by an assessor (taxing officer) in the court registry.

A bill of costs is drawn up, and the parties' lawyers attend upon the taxing officer to call evidence
and/or argue their case as to who should be responsible for certain costs and the dollar value of
the costs.

The officers who perform this function will have the title Taxing Officer or Deputy Taxing Officer.

Designation at the margin:

TAXING OFFICER:
D TAXING OFFICER:

© The State of Queensland (Department of Justice and Attorney-General) Page | 186

Childrens Court of Queensland
The Childrens Court of Queensland (CCJ) is presided over by judges of the District Court.
Childrens Court of Queensland matters before a judge (CCJ) are restricted.

CCJ trials will usually be conducted in the same manner as a criminal jurisdiction trial in the
District Court (including empanelment, addresses, etcetera).

The court is presided over by a District Court Judge sitting as the president. The current
president of the Childrens Court of Queensland (since 17 December 2018) is her Honour Judge
Richards

On the cover page show JUDGE RICHARDS, President

In the margin show THE PRESIDENT:
In the header show Richards P

For all other judges of the Childrens Court of Queensland show HIS/HER HONOUR in the
margin and follow general Supreme&District Court F&S layout for cover page and headers
except:

• Cover page to show CHILDRENS COURT OF QUEENSLAND

• Cover page does not show a jurisdiction (eg, CRIMINAL JURISDICTION etcetera)

Whenever the child speaks during the proceedings, he/she will be referred to as:

DEFENDANT:

Judgments and sentences

When a Childrens Court judge conducts a trial of a juvenile who pleads not guilty, the judge
delivers a verdict and gives reasons.

This verdict and reasons are titled JUDGMENT and form a separate revisable transcript and the
main trial transcript will conclude with a TAKE IN JUDGMENT banner.

If the Judge directs that a subheading should be inserted when delivering judgment remarks,
these are underlined and form the first word(s) of a paragraph. This layout is specific to Childrens
Court judgment documents.

HIS HONOUR: This is an application (etcetera)

Background: The facts which were placed before the learned Magistrate by the Prosecutor
consistent with the Queensland Police Service (QPS) court brief which forms part of the
evidence before me is that on 23 November 2012 police were called to investigate the theft
between 11 and 12 November 2012 of a BMX bike.

The JUDGMENT transcript concludes with a short line, flush left, two carriage returns under the
last line of text.

Sentencing remarks and sentence following a Judgment are separate transcripts.

© The State of Queensland (Department of Justice and Attorney-General) Page | 187

Childrens Court Sentence Review
The Childrens Court (before a Judge) will hear sentence reviews, which are appeals of
decisions from the CCM, similar to what occurs for section 222 appeals of Magistrates Court
decisions heard in the District Court.

Normal CCJ style and formatting applies to sentence review submissions and order transcripts.

The following transcript types are used for CCJ sentence reviews:

For submissions/legal argument prior to the Judge delivering reasons/orders: SENTENCE

SUBMISSIONS

For reasons/orders following submissions: ORDER

Note: Order transcripts will almost always commence with the wording: “This is an application
for sentence review…”

If sentencing follows immediately after submissions, the submissions transcript will conclude
with a TAKE IN ORDER banner.

Order transcripts are revisable.

© The State of Queensland (Department of Justice and Attorney-General) Page | 188

Magistrates Court

In a civil action, the plaintiff brings the defendant to court for the matter to be dealt with.

In a civil action, if the plaintiff is a company, the representative appearing for that company is put
in the margin by name.

In domestic violence matters, the parties are called AGGRIEVED and RESPONDENT.

The judicial officer is entered as HIS/HER HONOUR: in the margin.

Judicial and counsel designations at the margin

HIS/HER HONOUR: For all Magistrates including the Chief Magistrate

REGISTRAR:
COURT SERVICES assists the Magistrate with witness matters, announces
OFFICER: start/end of sessions, etcetera
BRIL JP:
JUSTICE OF THE PEACE 1: If there are two justices of the peace and both names are not
JUSTICE OF THE PEACE 2: known

ENFORCEMENT DEBTOR:

MR TOWNSLEY: As counsel for complainant as prosecutor

SGT CONNORS: As a police officer for complainant Crown as prosecutor
SNR SGT CONNORS: (for a senior sergeant)
A/SNR SGT CONNORS: (for an acting senior sergeant)
CONST CONNORS: (for a constable)
SNR CONST ANDREWS: (for a senior constable) As complainant Crown as prosecutor
A/SNR CONST CONNORS: (for an acting senior constable)
OFFICER CONNORS: If the rank is unknown

Note: police titles in banner Police title abbreviations must be retained in banner entries.
entries Eg:

EXAMINATION-IN-CHIEF BY CONST SMITH

RE-EXAMINATION BY A/SNR CONST JONES

Non-counsel party

Non-counsel parties are usually put in the margin according to their role in the matter, as opposed
to using their name. For example:

DEFENDANT: (criminal matters)

PLAINTIFF: (party bringing the matter in both civil and criminal jurisdictions)
APPLICANT: (civil matters)
RESPONDENT: (civil matters)
AGGRIEVED: (domestic violence matter)

MR SURNAME/MS SURNAME: (only used if the self-rep appears as a representative of a

company.

© The State of Queensland (Department of Justice and Attorney-General) Page | 189

For example: in a matter of Brisbane City Council v John Smith Proprietary Limited
MR SMITH: (representing the company)

But in a matter of Brisbane City Council v John Smith

RESPONDENT: (Mr Smith appears for himself as respondent)

Childrens Court
All Childrens Court matters before a Magistrate (CCM) are heard in closed court and will show a
RESTRICTED watermark.

The CCM margin entry for the judicial officer is HIS/HER HONOUR:

Designations in Childrens Court

HIS/HER HONOUR:
SNR CONST SMITH:
DEFENDANT:

Application for Child Protection Order

Designations in the margin:

APPLICANT:
RESPONDENT:

Decisions

Decision format is not used when a magistrate is committing a person for trial or sentencing in
Supreme or District Court as the committal (or non-committal) decision is included in the overall
committal transcript.

A Magistrates Court Decision is the equivalent of a judgment or sentence in the Supreme and
District Courts.

Any discussion on costs is excluded during a civil matter decision and the ellipsis is used to show
that missed content.

In criminal matter decisions no content is omitted.

Decisions are typed in a separate document and returned to the requestor. Decisions are
revisable by the magistrate but are not provided for revision as a matter of course.

In the main transcript of proceedings, when the magistrate commences giving the decision, two
clear line spaces below the last line of text show:

TAKE IN DECISION

© The State of Queensland (Department of Justice and Attorney-General) Page | 190

Discussion relating to costs in civil matters following the reasons/decision is not transcribed.
Show Ellipsis at the margin two clear lines below the decision text to indicate omission of material.
Then two clear lines below the ellipsis transcribe the magistrate’s order relating to costs.

For those reasons, I will refuse the application for a stay.

...

HER HONOUR: I order that the defendant pay the plaintiff's costs of and incidental to this
application, to be taxed.

Note: should a full transcript of the hearing portion of the matter be requested, the portion
relating to costs should be included in the main transcript.

Orders that occur in a decision are typed as part of the decision document. Lay them out as
said by the speaker. Unless otherwise stated, normal paragraphing will apply.

Quotations in decision
Include in full in the transcript and transcribe verbatim.
Indent and italicise where applicable.

End of decision
Come down two clear lines and use a short line in from the left margin note end of decision.

Footer for Decision

A footer (right hand flush) will show on any Decision transcript, regardless of jurisdiction:

For example:

(transcript)

_____________________________________________________________________________
(blank) 1-7 DECISION

© The State of Queensland (Department of Justice and Attorney-General) Page | 191

Not to be recorded
Sometimes a Magistrate will indicate that a section of proceedings is not to be recorded. This
direction is to be followed. Show as:

RECORDING CEASED AT THE DIRECTION OF HIS/HER HONOUR [3.21 pm]

RECORDING RESUMED AT THE DIRECTION OF HIS/HER HONOUR [3.41 pm]

Example of Magistrates Court committal transcript

HIS/HER HONOUR: I’ll take the matter of Mackay file 120 of 2015. One matter against
[name]. A charge that on the 14th day of March 2003 at Mackay in the State of Queensland,
one [name] unlawfully had possession of a dangerous drug, namely, methylamphetamine, and
it is further alleged that the said dangerous drug was a thing specified in schedule 1 of the
Drugs Misuse Regulation of 1987, and the quantity of the thing exceeded the quantity
specified in schedule 2 of the Drugs Misuse Regulation of 1987, but was less than the quantity
specified in schedule 4 of the Drugs Regulation of 1987. Can I have your appearances, please.

A/SNR CONST GORMLEY: Good morning, your Honour. I appear for the prosecution.
My name is Gormley, Acting Senior Constable.

HIS/HER HONOUR: Thank you.

MR ABERDEEN: Good morning, your Honour. My name is Aberdeen, of Smith and Jones,
solicitors, and I appear for the defendant in the matter.

HIS/HER HONOUR: Thank you, Mr Aberdeen. Yes.

A/SNR CONST GORMLEY: Your Honour, I make application for this matter to proceed
pursuant to section 110A of the Justices Act. Subsection (5) has been complied with. I
understand that this is by consent.

MR ABERDEEN: By consent, your Honour.

HIS/HER HONOUR: Yes, leave’s granted.

A/SNR CONST GORMLEY: Your Honour, I tender the statements in bulk and read the
names into the record. Your Honour, I tender a statement under the hand of Joe John Bloggs,
a statement under the hand of John Smith, a statement under the hand of Peter Peterson, and an
addendum statement under the hand of Joe John Bloggs.

HIS/HER HONOUR: Yes. Those statements will be admitted under the provisions of section
110A.

A/SNR CONST GORMLEY: Your Honour, by way of exhibit, I tender a series of 17

photographs.

© The State of Queensland (Department of Justice and Attorney-General) Page | 192

 HIS/HER HONOUR: The photographs will be admitted and marked exhibit 1.

EXHIBIT #1 ADMITTED AND MARKED

A/SNR CONST GORMLEY: Your Honour, I understand three witnesses will be required for
examination. Your Honour, I call Joe John Bloggs.

JOE JOHN BLOGGS, SWORN [9.30 am]

EXAMINATION-IN-CHIEF BY A/SNR CONST GORMLEY

A/SNR CONST GORMLEY: Can you state your full name, rank and station?---Full name is
Joe John Bloggs. Currently, I am an acting senior constable stationed at Gladstone Station.

Have you provided two statements in relation to this matter?---That is correct.

Your Honour, may the witness be shown his statements?

CROSS-EXAMINATION BY MR ABERDEEN [9.33 am]

MR ABERDEEN: Constable, were the bag - I am sorry. I didn't hear you ask there about the
black bag which was allegedly found in Ms Miller's - the back of her belt or something?---No.

A/SNR CONST GORMLEY: Your Honour, that is the case for the prosecution.

MR ABERDEEN: Yes, thank you, your Honour. I concede a prima facie case without the
necessity for your Honour to consider the material placed before you.

HIS/HER HONOUR: If you'd just stand up for a minute, please. In accordance with the
provisions of section 110A(6) of the Justices Act, and with Mr Aberdeen consenting to you
being committed for trial without me considering the contents of the statements, [name], you
are formally charged that on the 14th day of March, 2003, at Mackay in the State of
Queensland, you unlawfully had possession of a dangerous drug, namely, methylamphetamine,
and it is further alleged that the said dangerous drug was the thing specified in schedule 1 of
the Drugs Misuse Regulation of 1987, and the quantity of the thing exceeded the quantity
specified in the schedule 3 of the Drugs

Misuse Regulation of 1987, but less than the quantity specified in schedule 4 of the Drugs
Regulation of 1987.

You will have an opportunity to give evidence on oath before me and to call witnesses, but
first I am going to ask you whether you wish to say anything in answer to the charge. You

© The State of Queensland (Department of Justice and Attorney-General) Page | 193

 need not say anything unless you wish to do so, and you are not obliged to enter any plea. You
have nothing to hope from any promise and nothing to fear from any threat that may have been
held out to induce you to make any admission or confession of guilt. Anything you say will be
taken down and may be given in evidence at your trial. Do you wish to say anything in answer
to the charge or enter any plea?

DEFENDANT: No.

HIS/HER HONOUR: You will be committed for trial to the Supreme Court to be held at
Mackay on a date to be notified to you by the Director of Public Prosecutions.

You will be allowed bail but it will be conditioned that you reside at [an address], or such
other address as advised to the Officer-in-Charge of Police at Mackay, at least 48 hours prior
to the change. The exhibits can remain with the file.

If you wish to adduce any evidence of alibi which Mr Aberdeen will explain to you, there is a
requirement that notification in writing has to be given to the Director of Prosecutions 14 days
beforehand. That concludes that matter.

_____________________

© The State of Queensland (Department of Justice and Attorney-General) Page | 194

Public examination
A public examination certification/attestation clause should be included as part of the transcript.

Witnesses are not cross-examined in public examinations.

Stage of examination is shown by EXAMINATION BY banner with two clear lines either side.

End of proceedings is shown by a short line in from the left margin.

Transcript sample

HIS/HER HONOUR: An application for an examination. The applicant is John Smith as

liquidator.

MR BROWN: Yes, your Honour.

HIS/HER HONOUR: Yes.

MR B. BROWN: My name is Brown, B-r-o-w-n, initial B., instructed by Legal Lawyers. I

don’t think there are any other preliminaries, I would ask Mr Green to step into the box.

GEORGE GREEN, SWORN [11.22 am]

EXAMINATION BY MR BROWN

MR BROWN: Thank you, your Honour.

Now, Mr Green, your full name is George Green?---George Green. That is correct.

Certification/attestation clause on the last page of evidence of each witness. Please complete
information within the clause highlighted BOLD.:

The foregoing pages, __ to __ inclusive, were read by me on (DD Month YYYY) and I certify to
the accuracy of the transcript of the evidence given by me at (Location) before (Magistrate +
Surname) on (DD Month YYYY)

……………………………..
(Full Name of Witness)

© The State of Queensland (Department of Justice and Attorney-General) Page | 195

Example of Certification/attestation clause

(XN transcript)

MR SMITH: Nothing further, your Honour. May Mr Jones be excused.

HIS HONOUR: Yes. You’re excused Mr Jones.

WITNESS EXCUSED [11.30 am]

The foregoing pages, 16 to 23 inclusive, were read by me on 20 October 2020 and I certify to
the accuracy of the transcript of the evidence given by me at Brisbane before Magistrate Smith
on 20 October 2020.

(signature of witness)
(John Jones)

(transcript continues on next page)

© The State of Queensland (Department of Justice and Attorney-General) Page | 196

Enforcement hearings
Stage of examination is shown by EXAMINATION BY banner for each person examining the
witness.

Show two clear lines before a new counsel commences their examination.

Voir Dire
Voir Dire is not applicable to Magistrates Court transcripts: use general evidence banners
always.

Section 222 appeal or appeal against a Magistrates Court Decision

When a Magistrate determines an action in the Magistrates Court, the decision is subject to
appeal under section 222 of the Justices Act 1886.

Such appeal is usually brought before a District Court judge sitting alone in appellate
jurisdiction.

Discussion in relation to costs appears as part of the main transcript, if ordered by the client.

Costs discussion would be shown by Ellipsis in the order or judgment transcript.

Margin entries
If the defendant in the original proceeding is appealing the decision, they appear in the margin
as APPELLANT, whether they are self-represented or represented.

If the defendant in the original proceeding is the respondent in the appeal, they appear in the
margin as RESPONDENT, whether they are self-represented or represented.

© The State of Queensland (Department of Justice and Attorney-General) Page | 197

The Coroners Court of Queensland
• The first stage of examination is examination-in-chief. If questioning continues from other
counsel or next of kin, use EXAMINATION BY banner.

• No cross-examination or re-examination occurs in Coronial proceedings. The only stage of

examination for a witness is EXAMINATION BY.

• The only stage of evidence in footers should be XN.

• Questions by counsel or next of kin start by showing the questioner’s name in the margin.

• Once a witness has been sworn/affirmed and the initial witness event banner has been
entered, the first stage of examination banner entry will always be examination-in-chief. If
questions are asked by other counsel or next of kin, the applicable banner entry should be
EXAMINATION BY:

JOHN SMITH, AFFIRMED [9.46 am]

EXAMINATION-IN-CHIEF BY MS GREEN

MS GREEN: Are you able to tell the court your full name and current occupation,
please?---My name John Smith. I'm retired now. I do some private consulting work.

Remainder of examination by Ms Green continues here.

Thank you, your Honour, that's all I have.

CORONER: Yes. Thanks, Ms White. Thank you.

EXAMINATION BY MS WHITE [10.41 am]

MS WHITE: Good morning, Mr Smith, I'm Wendy White, Bill's partner.

Normal adjournment / resumption banners apply during proceedings.

Designations
STATE CORONER:
DEPUTY STATE CORONER:
CORONER:
SNR CONST SMITH: (eg, police officer assisting the coroner)

© The State of Queensland (Department of Justice and Attorney-General) Page | 198

Inquest Findings
Similar to a Decision in Magistrates Court, Findings are transcribed as a separate revisable
transcript to the main Inquest transcript.

It is very unusual for a Coroner to deliver Findings immediately at the conclusion of an Inquest
and Findings are generally delivered as a stand-alone event some time after the Inquest
concludes.

However, should Findings be delivered at the conclusion of the Inquest, show in the Inquest
transcript two clear lines below the preceding line of text, show:

TAKE IN FINDINGS

If there is a committal to trial, transcribe this as part of the findings.

If a rider is added by the coroner after his findings, it is to be typed on a new page.

Footer for Findings

A footer (right hand flush) will show on a Findings transcript:

For example:

(transcript)

_____________________________________________________________________________
(blank) 1-7 FINDINGS

© The State of Queensland (Department of Justice and Attorney-General) Page | 199

Court of Appeal
Determines appeals which arise from actions in the Supreme and District Courts.

Margin Designations

The Chief Justice THE CHIEF JUSTICE:

The president of the COA THE PRESIDENT:

Judges of the Court of Appeal: FRASER JA:

DALTON JA:
MORRISON JA:
BOND JA
McMURDO JA:

Queensland Courts link to current Judges of the Court of Appeal

A judicial officer sitting alone Use their title or name

in the Court of Appeal (do not use his or her Honour)

For example: THE PRESIDENT

or JERRARD JA
or APPLEGARTH J

Note: A. LYONS SJA:

Self-represented appellants APPELLANT:

Self-represented respondents RESPONDENT:

If more than one self-rep appellant or respondent appears, include their surname:

APPELLANT SMITH:
RESPONDENT SMITH:
Note: in a matter which has more than one respondent listed as a party but only one respondent appears
in court, use this entry

Information regarding matter name, file number, appearances etc can be determined from the
matter Dataset document provided by Associates when placing transcript requests.

Ex tempore judgments and orders

Transcribed as per other judgments and orders.

Court of Appeal case names

Queensland Court of Appeal cases are to be written with the year in square brackets. Refer to
section Authorities and Cited Case References for examples.

Judgments (listed as a stand-alone matter)

All COA judgments will be revised by the COA Research Officer in conjunction with the
Associate. DJAG will facilitate this process.

© The State of Queensland (Department of Justice and Attorney-General) Page | 200

Suppressed names on heading pages and in transcript
Supression orders for a matter might be in force due to legislation and/or specific requests to the
court.

Generally, a Suppression Order is in force for release of transcript to non-parties (eg, the media)
whereby identifying details of complainants, defendants or witnesses are to be REDACTED from
the transcript prior to distribution to a non-party.

In such instances, DJAG will affect redaction of transcript.

While COA transcripts are generated verbatim, should a Suppression Order be in force regarding
specific information contained within a transcript (eg, the name of a witness in the previous trial
proceedings is not to appear in the appeal hearing transcript), there may be instances where
TSPs directly receive advice from an Associate or RTS as to how relevant information is to appear
in the transcript while the matter is being recorded/when the request is submitted/a transcript is in
production. For example, Judge might direct a person’s name to be replaced with “Wit” or their
initials only and the transcript will be generated produced accordingly

If initials or acronyms are spoken during the matter, transcribe verbatim:

The complainant S said to the appellant J…

LEP1 said to the defendant…

Appeals involving juvenile offenders may listed with the defendant’s name suppressed and the
listings information will be anonymised. For example: R v AB

Transcripts for anonymised listings should be generated verbatim (per information from the
matter’s Dataset document) unless advice is received from Associate/RTS during recording, when
placing the transcript request or during production.

© The State of Queensland (Department of Justice and Attorney-General) Page | 201

Drug Court
Transcribe Drug Court matters in the same manner as Magistrates Court.

Foreign courts – evidence

Transcripts of evidence taken for foreign courts are usually short (less than half a day) and
usually with a prepared series of questions to the witness. Transcript is required on an
URGENT basis (absolutely as soon as possible) as the witness cannot leave the courthouse
until they have read and signed the certification/attestation clause on the last page of their
evidence.

Transcribe in Magistrates Court style.

Cover page example:

O’DONNELL, Magistrate

IN THE MATTER OF AN EXAMINATION OF

A WITNESS FOR THE UNITED STATES FEDERAL
DISTRICT COURT, HONOLULU

BRISBANE

DATE 29/01/2005

DAY 1

© The State of Queensland (Department of Justice and Attorney-General) Page | 202

Certification/attestation clause on the last page of evidence of a witness. Please complete
information within the clause highlighted BOLD.:

The foregoing pages, __ to __ inclusive, were read by me on (DD Month YYYY) and I certify to
the accuracy of the transcript of the evidence given by me at (Location) before (Magistrate +
Surname) on (DD Month YYYY)

……………………………..
(Full Name of Witness)

Example of Certification/attestation clause

(XN transcript)

MR SMITH: Nothing further, your Honour. May Mr Jones be excused.

HIS HONOUR: Yes. You’re excused Mr Jones.

WITNESS EXCUSED [11.30 am]

The foregoing pages, 16 to 23 inclusive, were read by me on 20 October 2020 and I certify to
the accuracy of the transcript of the evidence given by me at Brisbane before Magistrate Smith
on 20 October 2020.

(signature of witness)
(John Jones)

(transcript continues on next page)

© The State of Queensland (Department of Justice and Attorney-General) Page | 203

Land Court and Land Appeal Court

Cover page entry Margin Designator Header entry

F Y KINGHAM (PRESIDENT) KINGHAM P Kingham, President
P G STILGOE OAM (ACTING STILGOE AP Stilgoe OAM, Acting
PRESIDENT) President
W A ISDALE (MEMBER) ISDALE M Isdale, Member
P G STILGOE OAM STILGOE M Stilgoe OAM, Member
(MEMBER)
J R McNAMARA (MEMBER) McNAMARA M McNamara, Member
G J SMITH (JUDICIAL SMITH JR Smith, Judicial Registrar
REGISTRAR)

Transcripts are prepared on request.

If a self-represented applicant (or applicants) is sworn in for the purposes of telling the truth, use
normal witness event banner for sworn/affirmed. If they remain at the bar table to provide their
evidence or submissions, follow with wall to wall layout with the following in the margin:

APPLICANT: (when only one self-rep applicant appears in a matter)

APPLICANT SMITH: (ie, applicant’s surname if more than one applicant)

If evidence or submissions are provided at this point, these can be paragraphed.

Judgments
Decisions in Land Court and Land Appeal Court are termed Judgments. These are typed as a
separate document and the banner TAKE IN JUDGMENT should be entered at the
conclusion of the hearing transcript.

Footer for Land Court Judgment

A footer (right hand flush) will show on the transcript:

For example:

(transcript)

_____________________________________________________________________________
(blank) 1-7 JUDGMENT

© The State of Queensland (Department of Justice and Attorney-General) Page | 204

Land Appeal Court
Full Bench Margin Entries
District Cover page Margin Designator Header entry
entry
NOTE: Cover NOTE: Margin designators NOTE: Justice only in
page would also per above apply as required header
show President
and Members
per above
Southern BODDICE J BODDICE J Boddice J
Northern NORTH J NORTH J North J
Far Northern HENRY J HENRY J Henry J
Central CROW J CROW J Crow J

Note: ABORIGINAL LAND TRIBUNAL matters are heard within Land Court jurisdiction.
Tribunal transcripts would follow Land Court/Land Appeal Court format and style, per above

© The State of Queensland (Department of Justice and Attorney-General) Page | 205

Mental Health Court
MHC is presided by Supreme Court judge and, for hearing matters, two persons with medical
qualifications, usually psychiatrists.

MHC holds a callover of future sittings once a month, generally on a Monday early in the month.
Callover matters are short and general HEARING transcript is produced for each matter.
Callover matters are heard by a Judge only.

MHC then has a sitting week later in the month when formal hearing matters are scheduled.
Hearings generally comprise of submissions from counsel (there may be several counsel, each
representing the different parties to the matter) and might also include evidence from expert
medical witnesses. This portion of proceedings will be transcribed as a general HEARING
transcript.

Following submissions/evidence, the Judge will generally deliver ex tempore REASONS FOR
FINDINGS (RFF), which are generated as a separate revisable transcript. There may be
occasions when the Judge will reserve their reasons and return at a later date in the sittings
schedule and deliver RFF separately.

General MHC style:

• Regardless of whether a Reference (Defendant), Appeal (Appellant) or Application

(Applicant) matter, should the defendant/appellant/applicant speak, show DEFENDANT
in the margin.

• Other Margin designators:

o HIS/HER HONOUR for Judge
o DR (SURNAME) for assisting Psychiatrist

• Witnesses may be Sworn or Affirmed.

• The only stage of examination for a witness is EXAMINATION BY.

• The only stage of evidence in footers should be XN.

Note: there is no banner entry if the Judge examines a witness during evidence. Should
examination by Judge continue for more than a page of transcript, the footer would just
show the name of the witness per footer format for when a witness is CALLED, eg:

(transcript)

_____________________________________________________________________________
(blank) 1-7 WIT: SURNAME A B

© The State of Queensland (Department of Justice and Attorney-General) Page | 206

Mental Health Court Cover Page layout

All MHC transcript cover pages will show the following banner on the cover page two carriage
returns under the DAY banner:

RESTRICTED ACCESS TRANSCRIPT

General hearing transcripts will show a RESTRICTED watermark on each page of transcript
including the cover page.

MHC matters are heard as:

• References
• Appeals
• Applications (very infrequent)

The cover page for each type of matter is consistent with only the party details changing.

Some information to assist with generating MHC cover pages is provided per the Court Event
List information accessible via the Transcript/Monitoring & Annotation tasks, however, most
information will be provided on the various listings documents generated by the Mental Health
Court Registry and attached to the relevant Court Event Listings in QTranscripts by Associates.

Callover matters

Information regarding callover matters can be found on the Mental Health Court – Mention
Schedule document including:

• Persons Named column

o Name of Defendant
o Court Proceeding Number (generally under both the Defendant’s name and their
date of birth in the format YY/XXXX, which would show on the cover page as: Court
Proceeding No XXXX of YYYY
• Proceeding Type column
o Application and Reference
▪ Check the Legal Representation column
• If Self-Represented, the cover page will show:
o REFERENCE IN RESPECT OF (DEFENDANT’s NAME)
• If a legal firm, including LAQ, is listed, the cover page will show:
o REFERENCE BY THE DEFENDANT’S LEGAL
REPRESENTATIVE IN RESPECT OF (DEFENDANT’S
NAME)
o TA Appeal or TO Appeal
▪ All appeal matters show the APPEAL BY THE MENTAL HEALTH
REVIEW TRIBUNAL banner on the transcript cover page
▪ The Appellant will always be the Defendant
▪ The Respondent by Election will always be The Office of the Chief
Psychiatrist

© The State of Queensland (Department of Justice and Attorney-General) Page | 207

Example of a Callover transcript cover page where the Mental Health Court – Mention Schedule
shows Proceeding Type as APPEAL

MENTAL HEALTH COURT

FLANAGAN J

Court Proceeding No 0001 of 2020

APPEAL FROM MENTAL HEALTH REVIEW TRIBUNAL

JILL SMITH Appellant

OFFICE OF THE CHIEF PSYCHIATRIST Respondent by Election

BRISBANE

9.04 AM, MONDAY, 28 SEPTEMBER 2020

DAY 1

RESTRICTED ACCESS TRANSCRIPT

© The State of Queensland (Department of Justice and Attorney-General) Page | 208

Example of a Callover transcript cover page where the Mental Health Court – Mention Schedule
shows Proceeding Type as APPLICATION and Legal Representation is Self-represented

MENTAL HEALTH COURT

WILSON J

Court Proceeding No 0123 of 2019

REFERENCE IN RESPECT OF JAMES SMITH

BRISBANE

2.32 PM, MONDAY, 12 OCTOBER 2020

DAY 1

RESTRICTED ACCESS TRANSCRIPT

© The State of Queensland (Department of Justice and Attorney-General) Page | 209

Example of a Callover transcript cover page where the Mental Health Court – Mention Schedule
shows Proceeding Type as REFERENCE and Legal Representation is a Legal firm/LAQ

MENTAL HEALTH COURT

WILSON J

Court Proceeding No 0123 of 2019

REFERENCE BY THE DEFENDANT’S LEGAL REPRSENTATION

IN RESPECT OF JAMES SMITH

BRISBANE

2.32 PM, MONDAY, 12 OCTOBER 2020

DAY 1

RESTRICTED ACCESS TRANSCRIPT

© The State of Queensland (Department of Justice and Attorney-General) Page | 210

Hearing matters

Hearing matters will generally comprise of submissions/evidence (the HEARING transcript)

followed by ex tempore reasons and decision by the Judge (the REASONS FOR FINDING
TRANSCRIPT).

Cover pages for HEARING and RFF transcripts are consistent except the RFF transcript will
show the banner REASONS FOR FINDING two returns under the DATE banner and two
returns above the RESTRICTED ACCESS TRANSCRIPT banner and all RFF pages will be
watermarked UNREVISED/RESTRICTED.

Information regarding Hearing matters can be found on the Mental Health Court – Sittings
Schedule document (outlining all matters for the day) and the matter-specific Exhibit List
(references) document.

HEARING/RFF transcript cover pages are essentially the same as callover transcript cover
pages except:

• The names of the Assisting Clinicians for all matters appear on the Sittings Schedule
document underneath the name of the Judge
o Clinician names appear in DR SURNAME CHRISTIAN NAME on the Schedule
but appear as DR SURNAME on the transcript cover page

Other information for transcript cover pages includes:

• Court Proceeding Number can be found in the top right-hand corner of the relevant
Exhibit List document for the matter

• Confirmation whether the matter is an Application, Appeal or Reference can be found on

the Exhibit List document under the Index heading with Section 3 – Schedule of Exhibits:

o For Appeal/Application matters, the header “Appeal/Application” is immediately

under the Index header
▪ The next line item will show “Appeal/Application by (defendant) dated
(date), filed (date) to confirm the matter is either an appeal or an
application
• The general Appeal transcript cover page style is to be followed
with “Appellant/Applicant” showing against the Defendant’s name

© The State of Queensland (Department of Justice and Attorney-General) Page | 211

 o For Reference matters, the header “Reference” is immediately under the Index
header
▪ The next line items will show “Amended Reference etc” or “Reference by
etc” to confirm the matter is a reference
• The general Reference transcript cover page style is to be
followed
o References may be by:
▪ A legal firm/LAQ (show as DEFEDANT”S LEGAL
REPRESENTATION)
▪ A self-resented defendant
• Very infrequent
▪ ODPP (show as THE OFFICE OF THE DIRECTOR
OF PUBLIC PROSECUTIONS)
• Very infrequent
▪ Attorney-General (show as ATTORNEY-GENERAL
FOR THE STATE OF QUEENSLAND)
• Very infrequent

Note: The Mental Health Court – Mention Schedule, Mental Health Court – Sittings Schedule
and Exhibit List (references) documents also contain helpful information such as spelling of
witness names and names of reports to be tendered as well as information on material that will
be tendered.

All of this information will be of assistance to monitors and transcribers, however, as the
documents contain highly restricted information, transcribers and monitors are to ensure that
these documents are cleared from their workstation (digitally or physically) once they are
no longer of use.

© The State of Queensland (Department of Justice and Attorney-General) Page | 212

Example of a HEARING transcript cover page where Exhibit List (references) documents
REFERENCE information shows “Amended Reference by ABC Legal dated 13/5/2020, filed
13/5/2020” and the Clinician’s names are sourced from the day’s Mental Health Court – Sittings
Schedule document

MENTAL HEALTH COURT

WILSON J

DR REDDAN and

DR SIMPSON, Assisting

Court Proceeding No 0123 of 2019

REFERENCE BY THE DEFENDANT’S LEGAL REPRESENTATIVE

IN RESPECT OF JAMES SMITH

BRISBANE

2.32 PM, MONDAY, 12 OCTOBER 2020

DAY 1

RESTRICTED ACCESS TRANSCRIPT

© The State of Queensland (Department of Justice and Attorney-General) Page | 213

Example of a HEARING transcript cover page where Exhibit List (references) documents
APPEAL/APPLICATION information shows “Appeal by Jill Smith dated 13/5/2020, filed
13/5/2020” and the Clinician’s names are sourced from the day’s Mental Health Court – Sittings
Schedule document

MENTAL HEALTH COURT

FLANAGAN J

DR REDDAN and

DR SIMPSON, Assisting

Court Proceeding No 0001 of 2020

APPEAL FROM MENTAL HEALTH REVIEW TRIBUNAL

JILL SMITH Appellant

OFFICE OF THE CHIEF PSYCHIATRIST Respondent by Election

BRISBANE

9.04 AM, MONDAY, 28 SEPTEMBER 2020

DAY 1

RESTRICTED ACCESS TRANSCRIPT

© The State of Queensland (Department of Justice and Attorney-General) Page | 214

Example of a REASONS FOR FINDING transcript cover page where Exhibit List (references)
document’s REFERENCE information states “Amended Reference by ABC Legal dated
13/5/2020, filed 13/5/2020” and the Clinician’s names are sourced from the day’s Mental Health
Court – Sittings Schedule document

© The State of Queensland (Department of Justice and Attorney-General) Page | 215

Sample HEARING transcript where REASONS FOR FINDING commences

HIS HONOUR: Now, the transcript should note that from now we’re sitting with two
assisting psychiatrists, Dr Jones and Dr Green. Now, the next matter is the matter of Jane
Doe.

MS A.B. SMITH: Your Honour, my name is Smith, initials A.B. I appear for Ms Doe.

HIS HONOUR: Thank you.

MR J. GREEN: If your Honour pleases, my name is Green, G-r-e-e-n, initial J. I appear for
the Director of Mental Health.

MR A. BROWN: If your Honour pleases, my name is Brown, initial A. I appear on behalf

of the Director of Public Prosecutions and I am instructed by his office.

HIS HONOUR: Thank you.

MR GREEN: Your Honour, it’s a reference by the Director of Mental Health and I just
wonder whether Ms Doe is with us.

DEFENDANT: Yes, your Honour, I’m here.

HIS HONOUR: You’re on the telephone, are you, Ms Doe?

DEFENDANT: Yes, I am.

(At this point submissions from counsel occur and discussion between counsel and his
Honour. The two assisting psychiatrists also provide their recommendations. This is all laid
out in wall to wall with paragraphing. At the end of the transcript, the following occurs)

HIS HONOUR: Now, Ms Doe, was there anything that you wish to say?

DEFENDANT: Yes, your Honour. I’m very sorry for my actions.

HIS HONOUR: Yes, thank you.

TAKE IN REASONS FOR FINDING

The TAKE IN banner will usually be the last entry in the transcript. Concluding discussion
between the judicial officer and counsel or parties which occurs after the reasons for finding are
delivered should be included in the REASONS FOR FINDING transcript.

© The State of Queensland (Department of Justice and Attorney-General) Page | 216

Reasons for finding
Orders that occur after the reasons for finding are included in the REASONS FOR FINDING
transcript. End this document with a short line in from the left margin.

Transcript sample:

HIS HONOUR: By reference filed 12 June 2010, the Director of Mental Health referred to
this court the mental condition of Jane Doe in respect of an offence of serious assault alleged
to have been committed on 27 December 2009.

The court has the benefit of reports from Dr Green and Dr Brown. Those reports indicate that
the defendant suffers from a bipolar disorder. (transcript continues on in paragraph format)

I order:

(1) At the time of the alleged offence, the subject of the reference, the defendant was
suffering from unsoundness of mind as defined in the schedule to the Mental Health Act.

(2) The defendant be detained pursuant to a forensic order to the Happy Valley Network
Authorised Mental Health Service.

(3) Copies of the reports and of the transcript be provided to the parties and the treating
team.

______________________

© The State of Queensland (Department of Justice and Attorney-General) Page | 217

Murri Court
Transcribe Murri Court matters in the same manner as Magistrates Court.

Depending on how their appearances are announced, Elders appearing in the matter should be
shown in the margin as:

AUNTY JILL SMITH or AUNTY JILL

UNCLE JIM SMITH or UNCLE JIM

Planning and Environment Court

▪ Transcribe proceedings as per District Civil procedures (ie, all but closing addresses).
▪ Normal stages of examination apply.
▪ Normal adjournment and resumption banners apply.
▪ If a witness appears, normal stages of examination apply.
▪ Orders are typed as a separate transcript. If an order occurs in the main transcript, use the
TAKE IN ORDER banner
▪ Judgments are typed as a separate document. If a judgment occurs in the main transcript,
use the TAKE IN JUDGMENT banner.

Note: In 1991, this jurisdiction superseded the Local Government Court, hence there may be
reference to “LGA number”. Use LGP or P and E where applicable.

Self-represented parties in the margin

APPLICANT:
APPELLANT:
RESPONDENT:
CO-RESPONDENT SURNAME:

If more than one applicant/respondent is listed in a matter, include the surname, even if only one
of the applicants/respondents is present in court. For example:

RESPONDENT TAYLOR:
APPLICANT SMITH:

Judges of Planning and Environment Court

All District Court Judges may sit in P&E Court

Margin entry
HIS HONOUR: or HER HONOUR:

When a registrar presides REGISTRAR:

© The State of Queensland (Department of Justice and Attorney-General) Page | 218

Queensland Civil and Administrative Tribunal – QCAT
Normal adjournment/resumption layout applies.

Designations

HIS/HER HONOUR: For QCAT matters heard in District Court

HIS/HER HONOUR: For QCAT matters heard by a Magistrate

THE PRESIDENT: (currently Justice Mellifont)

DEPUTY PRESIDENT: (currently Judge Dann)

THE A/PRESIDENT:

SENIOR MEMBER:
SENIOR MEMBER OLIVER: (if a senior member sits on a matter with another member)

MEMBER: (for a member or sessional member sitting alone)

MEMBER SMITH: (if more than one member sits on a matter, use the applicable
member’s surname)

REGISTRAR: (for minor civil dispute matters presided over by a judicial

registrar)

CHAIRPERSON:

ADJUDICATOR (SURNAME): (eg, ADJUDICATOR DAVERN:)

ASSESSOR (SURNAME): (eg, in Nursing Tribunal matters, a deputy president may appear with
one or more assessors)

TRIBUNAL OFFICER: (for court/hearing officer)

HAMMERSLAR JP: (where the name of the justice of the peace is known)

JUSTICE OF THE PEACE 1: (if there is more than one JP presiding and names are not known)
JUSTICE OF THE PEACE 2:

HEARING SUPPORT OFFICER: Tribunal Officer

Members, legal representatives and appellants/ applicants/ respondents appearing on their own
behalf are identified as:

MR (SURNAME): / MS SURNAME:

If the matter is a minor civil dispute, then the member is referred to as ADJUDICATOR
(SURNAME): in the left margin.

If the matter is anything else (such as guardianship, building, children’s matter) the member is
generally referred to as MEMBER: in the left margin.

© The State of Queensland (Department of Justice and Attorney-General) Page | 219

Evidence in QCAT
Where self-represented parties appear, they are sworn/affirmed by the presiding officer at the
commencement of proceedings in order to give their evidence and present their case. Self-reps
will usually stay at the bar table and the layout will be wall to wall with their names in the margin.
Witnesses do not usually appear in these matters, but if they did, and if they were sworn/affirmed,
the normal witness event banners would apply and the normal question and answer format would
ensue.
Where a person comes to court but is not sworn or affirmed, questioning may just commence
when they enter the courtroom or answer the telephone, use wall to wall format with their name
in the margin. There will be no witness excused banner or stage of examination unless the witness
is sworn/affirmed in the normal way.
Guardianship, antidiscrimination and children’s matters: use wall to wall format.

QCAT decisions
Decisions are included in the full transcript for QCAT unless requested.
If a Decision is requested when the Hearing transcript request is submitted, two transcripts will
be produced:
o Hearing transcript
o Revisable DECISION transcript

If the Decision is requested after the initial complete Hearing transcript has been generated, the
Decision portion will be extracted and produced as a separate, revisable transcript and the banner
TAKE IN DECISION will be inserted into the Hearing transcript

Quotations in decision
 Include in full and transcribe verbatim. Indent and italicise quotes where applicable.

End of decision
Come down two clear lines and insert a short line in from the left margin to note end of decision.

Footer for Decision

A footer (right hand flush) will show on any Decision transcript, regardless of jurisdiction:

For example:

(transcript)

_____________________________________________________________________________
(blank) 1-7 DECISION

© The State of Queensland (Department of Justice and Attorney-General) Page | 220

Queensland Industrial Relations Commission - QIRC
Transcribed in full.

Transcript Types: Hearing, Conference, Mention, Directions Hearing, Decision From Bench,
Full Bench.

This will usually be announced at the start of each matter and will be provided in QTranscripts
Court Event Listings

Mentions should be treated as hearings in relation to appearances.

Witness event banners are the same as for other court proceedings.

Do not type the introductory, administrative comments between the QIRC and a witness
appearing by phone, eg, discussion about the quality of the sound, whether the witness can
hear the tribunal, whether the witness is ready to be examined, the need for the witness to be
affirmed. This is incorporated in the witness banner

Although QIRC has no criminal role, the WITNESS STOOD DOWN and WITNESS LEAVES
COURTROOM banners apply as appropriate.

Upon resumption following an adjournment during proceedings, although QIRC does not have a
jury, if there is a witness continuing, enter the normal witness CONTINUING banner.

Wall to wall layout for discussion between the Commission and counsel.

Recordings will be turned off for all confidential proceedings (off-the-record discussions
during Conference matters and as directed by the Presiding Officer during hearings).
Associates will enter annotations RECORDING CEASED/RECORDING RESUMED
immediately prior/after recordings being turned off/on to assist Transcribers, and
appropriate banners per 1.24 – Not To Be Recorded are to be applied to the transcript.

Capitalise: Commissioner, Commission.

Adjournment/Resumptions
See sections 1.3 and 1.22 and 1.23 for banners relevant for QIRC regarding adjournments,
resumptions and no recording

© The State of Queensland (Department of Justice and Attorney-General) Page | 221

Designations
The President HIS HONOUR:
The Vice President O'Connor HIS HONOUR:
Deputy President Merrell HIS HONOUR:
Commissioner COMMISSIONER:
Court officer ASSOCIATE:

Self-rep (hearing) APPLICANT:

Self-rep in an appeal against a APPELLANT:
Workers Comp decision
Self-rep for all conference matters MR/MS (SURNAME)
including appeals

QIRC Full Bench margin designators THE PRESIDENT:

VICE PRESIDENT (SURNAME):
DEPUTY PRESIDENT (SURNAME):
COMMISSIONER (SURNAME):

© The State of Queensland (Department of Justice and Attorney-General) Page | 222

Self-represented parties

If a self-represented applicant (or respondent) is put into the witness box and sworn/affirmed
enter the applicable witness event line (WITNESS NAME, SWORN/AFFIRMED) but do not
follow with a stage of examination.

Use wall to wall layout with APPLICANT/RESPONDENT in the margin. If the self-rep is then
cross-examined, treat as a normal witness and use the normal stage of examination line and
follow with question and answer layout. Continue with question and answer layout until XXN
concludes and the witness is excused.

In the unusual event that the Presiding officer enquires of the self-rep if they wish to respond to
anything resulting from XXN and the self-rep offers further comments/information, return to wall-
to-wall format.

APPLICANT: I've got my statement here. I've got the - like, a couple of folders there, so - - -

COMMISSIONER: We should then swear you in - - -

APPLICANT: Yes.

COMMISSIONER: - - - because after you give your evidence, you'll be cross-examined.

JOHN SMITH, SWORN [10.10 am]

COMMISSIONER: Mr Smith, could you give us your full name and address, please.

APPLICANT: Yeah, my full name is John Smith. I'm currently residing at 1 White Court,
Farmdale with my family and I currently work at the Farmdale District Headquarters located at
1 Black Road, Farmdale and my rank is senior sergeant.
(evidence continues)

COMMISSIONER: Thank you, Mr Smith. Ms Jones?

CROSS-EXAMINATION BY MS JONES [11.15 am]

(cross examination in Q&S format)

MS JONES: Thank you, Commissioner.

COMMISSIONER: Mr Smith, is there anything further you wish to say?

APPLICANT: Just quickly, Commissioner. (continues)

COMMISSIONER: Thank you, Mr Smith. You are excused.

WITNESS EXCUSED [11.30 am]

© The State of Queensland (Department of Justice and Attorney-General) Page | 223

Off the record/recording stopped, without resuming
When a conference or hearing goes off the record and adjourns without going back on the
record:

THE CONFERENCE ADJOURNED WITHOUT RESUMING RECORDING [4.33 pm]

THE HEARING ADJOURNED WITHOUT RESUMING RECORDING [4.33 pm]

Decisions
• Decisions are included in the full transcript for QIRC or Industrial Court unless requested.

• If a Decision is requested when the Hearing transcript request is submitted, two transcripts
will be produced:
o Hearing transcript
o Revisable Decision transcript

If the Decision is requested after the initial complete Hearing transcript has been generated, the
Decision portion will be extracted and produced as a separate, revisable transcript and the banner
TAKE IN DECISION will be inserted into the Hearing transcript

Quotations in decision
Include in full and transcribe verbatim. Indent and italicise quotes where applicable.

End of decision
Come down two clear lines and insert a short line in from the left margin to note end of decision.

Footer for Decision

A footer (right hand flush) will show on any Decision transcript, regardless of jurisdiction:

For example:

(transcript)

_____________________________________________________________________________
(blank) 1-7 DECISION

© The State of Queensland (Department of Justice and Attorney-General) Page | 224

Example of QIRC conference transcript cover page

© The State of Queensland (Department of Justice and Attorney-General) Page | 225

Industrial Court of Queensland
Designations
The President HIS HONOUR:
The A/president: THE A/PRESIDENT:
Vice President O'Connor HIS HONOUR:
Deputy President Merrell HIS HONOUR:

ICQ Full Bench margin designators THE PRESIDENT:

VICE PRESIDENT (SURNAME):
DEPUTY PRESIDENT (SURNAME):
COMMISSIONER (SURNAME):

Note: the current president is Justice Davis.

Note: Act reference layout: 639(4)

Normal adjournment / resumption banners apply during proceedings. Take care not to use the
QIRC wording for adjournment/resumption banner entries.

An industrial registrar can make applications in the Industrial Court. The current industrial
registrar is Madonna Shelley.

Industrial Registrar margin entry: MR SURNAME:

MS SURNAME:

Multiple witnesses
See 2.6 – Multiple Witnesses

Multiple civil reviews

If transcribed, same instructions as for Criminal Supreme and District Court.

© The State of Queensland (Department of Justice and Attorney-General) Page | 226

SECTION 6: NUMBERS

General Rule
Type zero to nine in words and 10 and above in figures for the following:

Ages
The baby was one month old.
The baby was 12 weeks old.
The baby was 12 weeks and two days old.
They had a nine year old daughter and a 13 year old son.
The over-50s have to pay more insurance.
The rule applies to people in their 40s and 50s.
A significant proportion of the population is aged 70-plus.

but when “half” or another fraction is said, use words:

one and a-quarter years old
three and a-half years old
fifteen and a-half

Beginning Sentences
When a number is the first thing said, type all numbers in words.

Twenty-five children were in grade 1.

Three girls and three boys.
Six hundred and forty-eight students attended the school.
Fifty per cent is not enough.

But dates are always in figures unless commencing a sentence:

I believe 1945 saw the end of World War II.

Nineteen Forty-Five saw the end of World War II.

The 25th was the date I said.

Twenty-fifth was the date I said.

I think 17.4.09 was the date the witness gave

Seventeen, four,oh-nine was the date the witness gave.

If the noun is implied, type the number in words:

Four is the paragraph number I am referring to.

HIS HONOUR: What page are you on?

MR JONES: Six.

Compound Expressions
One hour 20 minutes
Three months and 11 days

© The State of Queensland (Department of Justice and Attorney-General) Page | 227

Century Numbers
It happened in the first century.
We are in the 21st century.
BUT
Twentieth century technology has been superseded.

General Use
one page six attachments
one hour and 20 minutes nine witnesses
two and a-half weeks 10 exhibits
two 10-minute breaks 10 cents in the dollar
three months and 11 days 25 statements
four paragraphs 100 documents
five two-month periods 2000 students

Height
He was approximately six feet, four inches tall.
He was approximately six foot four.
He was almost two metres tall.
The wall was 20 metres high.

Hours and Minutes

two hours 10 hours
24 hours four hours and 20 minutes
five minutes half-hour
three and a-half hours (fractions are always in words)
but
the eleventh hour (Macquarie Dictionary)

Indefinite Amounts (excluding money)

six to seven hundred parcels of land
approximately five to 15 people attended
25 to 35 thousand litres

Measurements
two litres a 45-degree angle
a five-watt bulb 12 grams
nine knots 10 metres by four metres
30 metres 20 degrees Celsius
37 ks away

three mils (ie, millilitres, if said as such)

three ml (ie, millilitres, if said as such)

but when a fraction is said, use words:

two and a-half litres
ten and three-quarter inches
fifteen and a-half metres

© The State of Queensland (Department of Justice and Attorney-General) Page | 228

“Odd” amounts (excluding money)
95-odd documents
19,000 hectares-odd
forty-six and a-half-odd thousand people were affected (fractions are always in words)
three and a-half-odd million litres

Ordinal numbers
I was fifth in line. The 11th month of the year
I was 23rd in the queue. The 20th day of the trial
The first day of the week. The 100th page of the book
The third week of the month.
BUT Fifteenth in the list of affidavits.

Exception: the eleventh hour (Macquarie Dictionary)

Percentages
Note: “per cent” is two words, “percentage” is one word and % is never used
one per cent 10 per cent
nine per cent 20 percentage points
one half of one per cent 60 per cent plus
zero per cent 80 to 90 per cent
minus two per cent

but when “half” or another fraction is said, use words:

two and a-quarter per cent
ten and three-quarter per cent
fifteen and a-half per cent

Ratios
one to one one to 100
a two-to-one multiplier a 70/30 ratio or a 70 to 30 ratio (if “to” is said)
three for one the child/staff ratio
12 to one but fifty-fifty

© The State of Queensland (Department of Justice and Attorney-General) Page | 229

Type in Figures
Addresses
10 Downing Street Level 2
2 Sixth Avenue PO Box 4
4th Floor 22/146 Stowe Street (if said as “22 slash 146”)
Flat 8 25-29 Wickham Terrace (if said as “25 dash 29”)
25 to 29 Wickham Terrace (if said as such)

Clock Time
The time is 12 noon. The time is quarter past 6.
The time is 10 am. The time is quarter to 7.
The time is 10 o’clock. The time is 10 minutes to 7.
The time is 6.30 am. The time is half past 6.
The time is 6.05. Around 5-ish ; 5 o’clock-ish

They will arrive between 10 and 10.45.

They will arrive between 6.30 and 7.15.

24 hour clock: 1600 hours 1630 hours 1930.50

Note: Hours and minutes – follow the general rule

two minutes past 6 10 hours
one and three-quarter hours 24 hours
three and a-half hours half-hour
four hours and 20 minutes but the eleventh hour

for the adjournment at the end of a matter:

MATTER ADJOURNED at 4.15 pm UNTIL MONDAY, 14 SEPTEMBER 2014

Currency
Australia A$5 A$500 A$3000
Canada Can$5 Can$500 Can$1 million
Germany* DM5 DM400 DM60 million
Hong Kong HK$5 HK$500 HK$6 million
Japan ¥5000 ¥40,500 ¥10 million
Switzerland SwF5 SwF50 SwF5000
United Kingdom £50 £4500 £2 million
United States US$5 US$50 US$5 million

*Member states of the European Union now use the euro

€15 €150,000 €15 million

US25c NZ60c
ringgit dollar franc yuan renminbi euro lira peso pound

© The State of Queensland (Department of Justice and Attorney-General) Page | 230

Dates
Type dates as they are said. If a year is abbreviated to two digits, precede with an apostrophe:

If a year is said as “ninety-seven”, type as ‘97

If a year is said as “O-three”, type as ‘03

Decimal Numbers
.25 per cent .11 blood alcohol level
.303 calibre .5 per cent
.22 calibre 10.75 per cent
.05 blood alcohol level
0.5 per cent (include the zero or nought if it is said)

Indefinite amounts of money

Type them as they are said by the speaker, using numerals (unless it is at the commencement
of a sentence):

15 to 50 thousand dollars about 30 or 40 million dollars

20 or 30 dollars between 1600 and 2000 dollars
500 and something dollars Six to 20 thousand (“dollars” implied but not said)
Five to 5000 dollars $20,000 to $35,000 (if said as such)
$6000 to $25,000 (if said as such)
forty-five and a-half thousand to fifty thousand dollars (fractions are always in words)

Money
Note: If the word “dollar” is not said, do not type the dollar symbol.

10 cents (when cents stand alone) 65 cents

$1 (not $1.00) $3.05
$24 (not $24.00) $15.50
$300 $7000 (no comma is used for any four-digit figures)
$6500.50 $20,000
$55,130 $1 million
$10.45 million $20 billion
$20,500,000 Four million (if said without the “dollars”)

mid-20s (if said as such – as an amount of money, ie, around 20 dollars)

negative $109,880 (if said as such)
minus $45,000
half a million dollars
one petrodollar and 10 petrodollars
the sixty-four thousand dollar question
X dollars

Note: “mill” (short for “million”)

I had 20 mill – well, 25 mill at that time.

© The State of Queensland (Department of Justice and Attorney-General) Page | 231

Number following a noun
day 1, day 5, day 10, day 15 stage 1
year 12 appendix 5
page 3 page 87
point 4 paragraph 2, subparagraph 2(a)
schedule 4 dot point 4
size 12s all the page 2s

Number with an implied noun

Use numerals when the noun they relate to has not been said.

His Honour made specific reference to that paragraph. I think it was 3 or 4 that contained that
reference.

Note: type as a word if the implied noun’s number starts a sentence.

I’m at page 4 of the transcript. Well, it’s 4 on my version, but you might have it as 2. Four is
what I would really draw to your attention, your Honour.

“Odd” amounts of money

Type “odd” amounts as they are said:

“two dollars odd” becomes $2-odd

“five hundred dollars odd” becomes $500-odd
“15 odd thousand dollars” becomes 15-odd thousand dollars
“60 million odd dollars” becomes 60 million-odd dollars
“70 thousand dollars odd” becomes $70,000-odd

2-point-something-odd thousand dollars

Note: fifteen and a-half-odd million dollars (fractions are always in words)

Note: type as a word if the “odd” amount number starts a sentence.

Two-point-something-odd thousand dollars is what he said.

Results and Scores

They won the game 14 to nil. They were beaten 3 to 1.
It was a 32 to 10 win. The ballot result was 85 to 52.

Telephone numbers
07 3432 3454 0421 123 456

© The State of Queensland (Department of Justice and Attorney-General) Page | 232

Type in Words
Fractions
two-thirds three and five-eighths
three-quarters seven-eighths
one-thirty-third

Partially said numbers

When a number is partially said, type the number in words, no matter what the number refers to:

It was in the year two thousand and - - -

The new computer cost me five hundred and - - -

If said “four-two-one”, show as 421.

Exceptions
Combination Numbers
When two numbers appear consecutively and one is used as an adjective, express one number
in words and the other in figures. Try to show the larger number in figures:

twelve 15-minute breaks 250 ten-metre poles

Note: type as a word if the combination number starts a sentence.

Roman numerals
I one (1)
V five (5)
X ten (10)
L fifty (50)
C one hundred (100)
D five hundred (500)
M one thousand (1000)

Express in transcript as follows:

Elizabeth II
Word War II
George V
part X
subsection (i), subsection (vii), subparagraph (ix)
subparagraph 2(a)(i) (usually said as “little one” or “Roman one”)

© The State of Queensland (Department of Justice and Attorney-General) Page | 233

Years and spans of years
the year 2007 the mid-nineties
the ’07 year the mid-1990s
the ’06/07 year post-2000
from 2006 to 2007 in a year’s time
2006/7 (if said as such) in four and a-half years’ time
from ’06 to ’07 in ten and a-half years’ time
the nineties the roaring twenties
50 BC 10 BCE
56 to 55 BC 5 CE
AD 55 or 55 AD (type as said)
In 2006, ’07, ’08 and ’09 (if said as “in 2006, 7, 8 and 9”)

Quick reference for Numbers

Category zero to nine in words

All figures* All words
10 and above in figures*
*type as a word any number that starts a sentence
Ages X
Addresses X
Beginning sentences X
Century numbers X
Clock time X
Compound expressions X
Currency X
Dates X
Decimal numbers X
Fractions X
General use X
Height X
Hours/minutes X
Indefinite amts (excluding
X
money)
Indefinite amts (money) X
Measurements X
Money X
Number after a noun X
Number with an implied noun X
Odd amounts (money) X
Odd amounts (excluding
X
money)
Ordinal numbers X
Partially said numbers X
Percentages X
Ratios
X
Results/scores X
Telephone number X

© The State of Queensland (Department of Justice and Attorney-General) Page | 234

SECTION 7: PUNCTUATION GUIDELINES
Punctuation is the aspect of written English which has been developed to assist the reader to
understand what is written.

Every punctuation mark has one or more particular jobs to do, and every one should be used
always and only to do those jobs.

Poor punctuation makes it difficult, or even impossible, for the reader to follow the meaning of
the written word.

Consider the difference:

I would like to apply for a job with your company. For two years
I have been employed as a salesman with one of your competitors.
I sold nothing that I did not take pride in. I am sure it will be the same
if I work for you.

Look at what happens when the position of the

punctuation marks is changed. It actually changes
the meaning of the passage.

I would like to apply for a job with your company for two years. I have been
employed. As a salesman with one of your competitors, I sold nothing.
That, I did not take pride in. I am sure it will be the same if I work for you.

In transcript, the following punctuation marks are the only ones used:
apostrophe
colon
comma
dash
full stop
hyphen
oblique / slash – limited use
question mark
quotation marks – single and/or double as appropriate
semicolon

In transcript, the following spacing is used:

one space following a comma
one spaces following a semicolon
two spaces following a colon
two spaces following a full stop
two spaces following a question mark
three spaces following the colon used after a speaker’s name

two clear lines above and below all bold notations, such as adjournments,
resumptions, extract headings, exhibits, and witness events

The apostrophe
The apostrophe has two functions:
➢ to indicate the possessive
➢ to form a contraction

© The State of Queensland (Department of Justice and Attorney-General) Page | 235

Possessive for nouns and indefinite pronouns
Use “apostrophe s” to form the possessive for singular nouns or indefinite pronouns:

counsel’s submissions anyone’s guess

nobody’s business somebody else’s book
the judge’s chambers master’s degree
for heaven’s sake bachelor’s degree
the witness’s evidence the bus’s tyres
driver’s licence

Personal names and plural nouns

In personal names and plural nouns ending in s use an apostrophe only:

Jesus’ teachings libraries’ funding

Menzies’ policies the judges’ chambers
the buses’ tyres the employees’ uniforms
Moses’ life my parents’ home
Burns’ poems the members’ list of issues
the witnesses’ evidence (more than one witness)
creditors’ meeting
Teachers’ college

Note: A plural noun that does not end in s should always take the apostrophe s:

Women’s Electoral Lobby

The gentlemen’s luggage
the Country Firemen’s Association
my children’s books

Times
Use the apostrophe for singular and plural nouns:

Use the apostrophe for singular and plural nouns. When it is one measure of time (for example,
a day, one week), the apostrophe goes before the “s”

a day’s notice one month’s probation

When it is more than one measure of time (two days, five years), the apostrophe goes after the
“s”
10 years’ non-parole four months’ holiday

Place Names / Business Names

Place names are commonly spelled without the apostrophe (although you may come across
exceptions):

Badgerys Creek St Marys

St Johns Wood Frenchs Forest
Kings Park Jacobs Well
St Pauls Terrace

© The State of Queensland (Department of Justice and Attorney-General) Page | 236

Business names usually omit the apostrophe from their titles. As a general rule, omit the
apostrophe unless you are certain that the name of the registered entity uses an apostrophe:

Barclays Bank
Dowdens Plumbing and Water Treatment Services
Magistrates Court (ACT, Qld, NSW, NT, TAS, WA)

Exception:
Department of Veterans’ Affairs
Veterans’ Entitlements Act
Magistrates’ Court of Victoria
Veterans’ Review Board

Note: all metropolitan and local courts in Victoria take a possessive apostrophe in their title. Go to
www.magistratescourt.vic.gov.au and select Contact Us for a full list.

Possessive pronouns
An apostrophe is never used with possessive pronouns:

his ours
hers theirs
its yours

To Prevent Confusion
but
ifs and buts dot the i’s and cross the t’s
the three Rs watch your p’s and q’s
ayes and noes
dos and don’ts
the 1990s the nineties

Acronyms and capital letters

Use an apostrophe in the possessive form of acronyms or capital letters.

The ACCC’s witnesses Spender J’s judgment

No apostrophe is needed for the plural form with acronyms or capital letters.

The volumes marked with Ds and Fs are the ones I refer to.

but cc’d PDF’d

Contractions – some examples

it’s = it is
can’t = cannot
we’re = we are
you’re = you are
we’ll = we will
they’re = they are
I’m = I am
don’t = do not

© The State of Queensland (Department of Justice and Attorney-General) Page | 237

The colon
A colon is used for one purpose: to introduce a word, a phrase, a series, or a quotation only
after a complete sentence. When the word or series being introduced follows a verb or a
preposition, do not use a colon.

They were only concerned with: profit. 

They were only concerned with one thing: profit. ✓

The aim of the government is to: reduce unemployment to an all-time low. 

The aim of the government is simple: to reduce unemployment to an all-time low. ✓

He has only two things on his mind, which are: profit and his share portfolio. 
He has only two things on his mind: profit and his share portfolio. ✓

I refer to the case cited by your Honour this morning, which is: Kramer v Kramer. 
I refer to the case cited by your Honour this morning: Kramer v Kramer. ✓

We have notified: Mr Jones, Mr Smith, Mr Yeo, and Ms Clark. 

We have notified the following people: Mr Jones, Mr Smith, Mr Yeo, and Ms Clark. ✓

The system has three drawbacks: it is too expensive, it takes too much time, and no one
understands it.

Your Honour, can I add this: that by the end of my submissions you will understand the point I
am trying to make.

A colon can also be placed after a topic to introduce a question or a statement

This case you are referring to: where will I find it?
Your new car: what make is it?
That matter you referred to earlier: do you want me to take it into account?
Their share portfolio: what do you think it is worth?
Books, the internet, library resources: these are all valuable tools for learning.

The comma
The comma tells the reader to pause. The main uses of the comma are:

➢ To separate items in a series (words, phrases, clauses)

➢ To separate independent clauses (complete sentences) joined by a conjunction
➢ To set off introductory or concluding expressions and interrupters
➢ To set off or enclose non-essential material
➢ To set off words used in direct address, regardless of their position in the sentence
➢ To set off place names
➢ To set off contrasted words or phrases
➢ With now, then, namely, etcetera, you know, like, I mean, that is

To separate items in a series (words, phrases, clauses)

© The State of Queensland (Department of Justice and Attorney-General) Page | 238

 A comma used before the final conjunction assists in avoiding possible confusion for the
reader. However, if no ambiguity arises, do not use it.

The room was littered with books, pens, papers and maps.

Exams will be held on Monday, Wednesday, Friday and Saturday.

Counsel attempted to put forward a reasoned, constructive and logical argument.

Reservations have been made for 2 March, 4 April, 15 April and 20 May.

Their new home has five bedrooms, two bathrooms, two decks and a double garage.

The robber fled across the street, up a lane, over a fence and into a waiting car.

The applicant in the matter has not paid the necessary fees, has not completed all the relevant
paperwork, did not attend the last hearing and has failed to reply to his solicitor’s letter.

Our consent is not necessary because the document has no strength, it is ambiguous, it is
irrelevant, and it puts our client at a disadvantage.

But: He was in a black ministerial car NOT He was in a black, ministerial car.

To separate independent clauses (sentences) joined by a conjunction

INDEPENDENT CLAUSE ,conjunction INDEPENDENT CLAUSE

I knew the price of the shares would increase, but I had no idea it would go that high.

He first conducted an audit, and he then tried to determine how much money was missing.

The project has been completed on time, although some changes will have to be made.

Did you give her anything in writing, or did you just give her a verbal response?

In our submission, his argument carries insufficient weight, and it is for that reason we consider
it is irrelevant.

The new procedure has been approved by the Minister, and other departments have signified
their willingness to comply.

I anticipated that the price of IBM stock would increase after it entered the home computer
market, but I had no idea that the price would skyrocket.

And what did the training involve?---It involved bringing weapons to and from the base, and you
also had to take them out to the range and assemble them.

The weather forecast was for a wet summer, yet seasonal storms have been few and far
between.

Except in very short clauses:

He ran and I walked.
It rained and it snowed.

© The State of Queensland (Department of Justice and Attorney-General) Page | 239

BUT – if there are not two independent clauses because the second clause has no
subject, no comma is required. Compare the difference:

His response was brief and took only a few minutes. ✓

His response was brief, and it took only a few minutes. ✓

We are satisfied with your explanation and do not need to hear further submissions.✓
We are satisfied with your explanation, and we do not need to hear further submissions.✓

To set off introductory or concluding expressions and interrupters

Most sentences are composed of a core sentence with information added to the sentence by
attaching one or more words to the front or back of the core sentence. Readers need to be
alerted to this by the use of a comma in order to help them clearly understand the message.

Note the difference with the use of the comma.

To set off introductory expressions: (adding words to the beginning of the sentence)

Yes we are prepared to consent to the transfer of the matter. 

Yes, we are prepared to consent to the transfer of the matter. ✓

Well what do you say to that? 

Well, what do you say to that? ✓

When he fired the bullet hit the target accurately. 

When he fired, the bullet hit the target accurately. ✓

In fact even after the judge entered the parties were still not ready. 
In fact, even after the judge entered, the parties were still not ready. ✓

That being the case there are no further questions. 

That being the case, there are no further questions. ✓

So far as the applicant is concerned the matter will be brief. 

So far as the applicant is concerned, the matter will be brief. ✓

As we received the document only this morning more time is needed to prepare. 
As we received the document only this morning, more time is needed to prepare. ✓

If I might be permitted an observation his Honour was in error as to the facts. 

If I might be permitted an observation, his Honour was in error as to the facts. ✓

In my submission my learned friend is incorrect. 

© The State of Queensland (Department of Justice and Attorney-General) Page | 240

In my submission, my learned friend is incorrect. ✓

In order to save the company from bankruptcy the shares were sold at a discount. 
In order to save the company from bankruptcy, the shares were sold at a discount. ✓

To set off concluding expressions: (adding words to the end of the sentence)

I am not prepared to consent to the transfer of the matter no. 

I am not prepared to consent to the transfer of the matter, no. ✓

What she says is correct I believe. 

What she says is correct, I believe. ✓

The business was in financial difficulties wasn’t it? 

The business was in financial difficulties, wasn’t it? ✓

I am prepared to hear what you have to say yes. 

I am prepared to hear what you have to say, yes. ✓

How many books have you read on that subject incidentally? 

How many books have you read on that subject, incidentally? ✓

My learned friend is mistaken in my respectful submission. 

My learned friend is mistaken, in my respectful submission. ✓

Your Honour, my client was overseas at the time as I said before. 

Your Honour, my client was overseas at the time, as I said before. ✓

You paid the builder a $50,000 deposit I think you said. 

You paid the builder a $50,000 deposit, I think you said. ✓

© The State of Queensland (Department of Justice and Attorney-General) Page | 241

To enclose interrupters:

Just a moment, please, Mr Williams.

Their Honours used that expression, inter alia, in their judgment.
That sort of damage occurs when, say, a vessel hits part of the reef.

If that’s what they want to do, well, let them do it.

There is, I would think, a good case to answer.
Your Honour, with respect, that was not my intention.
The respondent filed, or there was filed on his behalf, a form 19 statement.
There is nothing more you can add, as far as I can see, which would convince me.
It seemed entirely reasonable, things being what they were, to expect a bad result.
However, although his Honour said that, it is not true, with respect, as things stand now.

To set off or enclose non-essential material

When a group of words can be omitted from a sentence without drastically changing the
meaning of the sentence, these words are a non-essential component. Commas should be
placed either side of these words to indicate they are not an essential part of the sentence.

The guest speaker, who has been waiting to speak for some time, will give his address shortly.

Our next witness, the orthopaedic surgeon, will give evidence at 2.30.

The new system, which was introduced only a month ago, has already effected a great saving in
time.

The company’s CEO, who has excellent qualifications, is a former pilot.

The new judge, who comes from New South Wales, used to be president of the Bar Association.

We have been using the same firm of solicitors, Smith and Partners, for several years.

Therefore, if omitting a group of words would drastically change the meaning of the
sentence, they are an essential component and do not need commas either side of them.
Compare the difference:

Companies, which hold over a billion dollars in assets, are rare. 

Companies which hold over a billion dollars in assets are rare. ✓

Doctors, who are found guilty of malpractice, are usually deregistered. 

Doctors who are found guilty of malpractice are usually deregistered. ✓

All staff, who have been employed for 10 years or more, will receive a bonus. 
All staff who have been employed for 10 years or more will receive a bonus. ✓

Pilots, who are not alert, do not usually live long. 

Pilots who are not alert do not usually live long. ✓

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To set off words used in direct address, regardless of their position in the sentence
Your Honour, I submit that the paragraph should be struck out.
I submit, your Honour, that the paragraph should be struck out.
I submit that the paragraph should be struck out, your Honour.

Doctor, listen to my question and do not interrupt.

Listen to my question, Doctor, and do not interrupt.
Listen to my question and do not interrupt, Doctor.

To set off place names

The national office of Widget is situated at Level 10, 150 Smith Street, Brisbane, Queensland
4000.
My company also has an operation in Wellington, New Zealand.
Did you mean Ipswich, Queensland, Australia, or Ipswich, Suffolk, England?
He was transferred to Jakarta, Indonesia, for the next two years.
I’ve worked in both George Street, Sydney, and George Street, Brisbane.

To set off contrasted words or phrases

The trial will take place in August, not September.
Counsel made brief submissions, not lengthy ones.
This is the way to say it, not the other way around.
Those details can be found, as I said, on page 46, not page 56.
Mr Brown is his instructing solicitor, not Mr Black.

With now, then, namely, etcetera, you know, like, I mean, sort of, that is
now Now that you know the results, what will you do?
(in time) Now all the documents have been filed, we can start.

now Now, are you going to answer my question or not?

(introductory Look, now, I didn’t mean what I said.
or interrupter) Now, as I said before, you must answer my questions in full.

then What did you say then?

(in time) Then you rang the police and reported the theft.
After you spoke to your solicitor, then what did you do?

then Then, that’s your only answer in response to my question.

(introductory Now, then, tell the court what you did.
or interrupter) Am I right, then, that you did attend the meeting?

namely There was one piece of good news, namely, taxes will be cut.
Two barristers represented them, namely, senior and junior counsel.

etcetera The job requires a good knowledge of physics, etcetera.

Affidavits, reports, letters, etcetera, will all be part of the evidence.

you know You know, I often wonder why I do this.

I often wonder, you know, why I do this.
like Like, what can I do about it?
He was always, like, borrowing books and not returning them.

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I mean I mean, what do you want me to say?
Like I said, I mean, that’s the way it goes.

that is I meant what I said, that is, I meant it when I said it.
(ie, that is to say) The agreement, that is, the one at page 4, says that.
The agreement that is at page 4 says that.

Note:

sort of He was sort of pleased with the arrangement.

I remember doing a sort of U-turn before the accident.
He was pleased with the arrangement, sort of.
I remember doing a U-turn, sort of, before the accident.

For example:
Now, tell me what happened?---Okay, then. I will. Like, you know, I’m doing the best I can. It’s
sort of a bit hard when you have to represent yourself. I can’t remember exactly what
happened, but I do remember thinking I had better get all my documents together, namely, all
my taxation returns, the receipts, the letters, etcetera, and then I sort of panicked when I
couldn’t find everything, and that’s when I realised I had been robbed, like. I mean, I panicked,
so then I called the police to report it, but, you know, they couldn’t do too much because I
couldn’t tell them when it actually happened.

Comma splicing
Transcript should be punctuated to reflect sense and phrasing of what was spoken.

Short, simple sentences can be separated with a semicolons.

They say it wasn’t intentional; we say it was.

You can do it that way; you can do it the other way.
They don’t lend money; they are brokers.
ANZ is a bank; it’s a lender; it lends money.

Incorrect Correct
It’s true to say that you have seen that document It’s true to say that you have seen that document
before; isn’t it? before, isn’t it?

It does seem to suggest that you knew about that It does seem to suggest that you knew about that
meeting; doesn’t it? meeting, doesn’t it?

It will provide the court with a brief summary, It will provide the court with a brief summary,
though; won’t it? though, won’t it?

The dash
1. Indicates change of thought / disjointed speech / stumbles
2. Separates an inserted thought in the middle of a sentence
3. Adds emphasis

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1. To indicate change of thought / disjointed speech / stumbles:
I would now like to turn to the matter of – perhaps I could address your Honour on that later.
Your Honour, my next point is – actually, before I go on to that, I should say this.
What is your answer?---My answer is – what was the question again, please?
I spoke to him in November and – no, I may be wrong about that.
There is one other matter which – at least one other matter which I will deal with after lunch.
As I said, your Honour – no, I won’t touch on – yes, perhaps I will.

2. To separate an inserted thought in the middle of a sentence:

Your Honour, my final submission is – well, it’s not quite my final submission – that the
application must fail.

In December last year – I was on holidays at the time – I had a serious accident.

My next submission to your Honour – and this is my very last point – will be brief.

I spoke to him in 2004 – no, 2005 – when he visited us.

It would be quite improper – I’m sure you are aware of that fact – it would be quite improper for
me as a judge to start giving legal advice.

The government hoped that its prescription for the economy – lower interest rates and higher
employment – would be an election winner.

3. To add emphasis:
A dash can be used to place special emphasis on a component. It is stronger than a comma
and should be used sparingly.

The government has introduced new laws – laws which may be difficult to uphold.
It is the fault of the applicant – the applicant and no one else.
Your Honour, I have only two things to say – two things and no more.

Hyphens and Hyphenated Words

 Restrict the use of hyphens as much as possible. Do not use it for everyday words. If in
doubt, go by the Macquarie Dictionary.

 The primary use of the hyphen is to indicate that two or more words or numbers are to be
read together to create a single unit of meaning. The better established the formation, the
less need there is for a hyphen to link its components.

The main uses for the hyphen in transcript are as follows:

Compound adjectives describing a noun

It is an eight-page document. but It is a document of eight pages.
He was a health-care worker. but He worked in health care.

We tackled the problems with a day-by-day approach.

but
We tackled the problems day by day.

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 The new strategy produced a very run-of-the-mill result.
but
The result of the new strategy was very run of the mill.

It was an up-to-date summary. but The summary was up to date.

He chose to do full-time work but He was working full time.

Note: If the modifier ends in ly, a hyphen is not used in the compound adjective:

It was organically grown fruit. The fruit was organically grown.

They are publicly owned parks. They are parks that are publicly owned.

Preceding a date
post-1970 pre-2000

When a single letter is used with a word

A-bomb B-grade U-turn
T-shirt X-ray S-bend

Note this exception: T documents (not hyphenated)

When the main word begins with a capital letter
non-English-speaking country pre-Islamic history
anti-American protest

Where two or more words are combined to make a single word

decision-maker self-esteem
son-in-law

To prevent misreading and ambiguity

Note the difference:

re-cover (to cover again) - recover (to get better or regain)
re-collect (to collect again) - recollect (to remember)

We need more experienced players (additional players who are experienced)

We need more-experienced players (players who have more experience)

Spelled out fractions

half-hour one-quarter of a million dollars
one-third two-thirds of the members
one-thirty-third quarter-hour

Generally, words containing the following

all all-important, all-seeing, all-encompassing
anti (followed by word beginning with a vowel) anti-aircraft, anti-inflammatory
note: antidepressant
cross cross-examine, cross-appeal, cross-country
elect mayor-elect, prefect-elect
ex (meaning former) ex-teacher, ex-president
great great-grandmother, great-grandparent

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half half-yearly, half-hearted
note: halfway (Macquarie Dictionary)
non non-academic, non-compliant
odd 30-odd dollars, $50-odd, 60-odd members
post-traumatic stress disorder
pre (followed by word beginning with a vowel) pre-empt, pre-eminent, pre-existing
note: preamble, prearrange, preordain,
preoccupation
re (followed by word beginning with a vowel) re-examine, re-enter, re-allocate
self self-esteem, self-absorbed, self-represented
semi (followed by word beginning with a vowel) semi-isolated, semi-arid
note: semicolon
vice vice-president, vice-captain
note: margin entry remains as
THE VICE PRESIDENT

The oblique stroke / slash

The use of the oblique / slash is limited in transcript to instances such as the following:
The ’05/06 financial year.
Expansion plans are in place for approximately 2008/2009.
He worked as a rigger/scaffolder.
The Gold Coast/Tweed area is a popular holiday destination.
I plan to travel abroad in July/August.
We will be handing up letters and/or reports in support of our case.
That sounds very much like a yes/no answer.

The question mark

 The question mark signals a query.

 Do not use question marks after an indirect question or a polite request that seeks no verbal
response.

Do you have page 2 in front of you? (question) ✓

Would you please turn to page 2. (request) ✓
Are you ready to proceed with your submissions? (question) ✓
If I can take your Honour to page 3. (request) ✓
Before you start your submissions, can I ask you one thing. (request) ✓

Quotation marks and punctuation

 For both wall-to-wall and Q&A transcripts, quotation marks enclose a direct quotation, that
is, the repetition of someone else’s exact words, as if that other person was saying them.
 Indirect quotations or reported speech do not take quotation marks.
 Single quotation marks are used to set off a quote within a verbal quote.
 Full stops, commas and question marks can go inside or outside quotation marks, both
single and double, depending on the context of what is being said.
 Semicolons and colons are always placed outside the quotation marks.

© The State of Queensland (Department of Justice and Attorney-General) Page | 247

For direct quotations – conversations, thoughts, paraphrases
The suspect told the arresting officer, “I was nowhere near the scene of the crime.”

He said words to the effect of, “I will not be there this afternoon.”

“Walk to the corner”, I was told, “and turn left.”

“If that’s your final answer,” he said, “I do not believe it’s the truth.”

Some people get confused when to use “principle” and “principal”.

“Give me your argument”, the judge said, “so I can come to an appropriate conclusion.”

I thought to myself, “What a load of rubbish.”

My words were, “When I asked him what he needed, he replied, ‘A new passport.’”

He said, “I meant to say ‘will happen,’ but instead I said ‘happened.’”

Did you actually use the words, “I was out of touch for the rest of the day”?

Did you say “contact” or “contract”?

“Is that all your material?” asked the judge.

I clearly heard him ask, “Do you think you’ll be there tonight?”

Was her only response to the question, “I can’t stay”?

The semicolon
There are only two ways to use the semicolon:

 To connect two independent clauses (complete sentences) which are close in content (but
are not joined by the coordinating conjunctions and, but, or, nor, for, yet)
Or
 As a “supercomma” to separate complex items in a list, that is, where the items contain
internal punctuation

1. To connect two independent clauses (complete sentences) which are close in

content (but are not joined by the coordinating conjunctions and, but, or, nor, for, or
yet)

INDEPENDENT CLAUSE ; INDEPENDENT CLAUSE

The judge was angry; the parties had kept him waiting.
Our staff is too small; it needs to be enlarged.
It’s always cold in here; the air-conditioning is too low.
Rome is an excellent city for a holiday; there are many great things to see.
My submissions will be brief; they should take no more than 15 minutes.
Your name is John William Smith; is that correct?
And you have prepared an affidavit in these proceedings; is that so?
That affidavit was filed this morning; is that the position?
The contents of the affidavit are true and correct; is that right?
You don’t wish to make any changes; that’s correct, isn’t it?

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You have heard other witnesses say that you were not at the meeting which you claim to have
attended; is that right?

BUT – when two independent clauses are joined by a linking adverb such as accordingly,
however, therefore, or thus, use a semicolon at the end of the first clause. The linking
adverb is usually followed by a comma, or set off by commas, if it falls within the second
clause.

The parties were not sufficiently prepared; accordingly, the trial date was postponed.

She was a good real estate agent; however, she had trouble selling her own house.

All parties had their material ready; therefore, a trial date was set.

The judge listened to all submissions; thus, it was not difficult for him to reach a decision.

The conference ended on Thursday; we could, therefore, leave on Friday.

2. As a “supercomma” to separate complex items in a list, that is, where the

items contain internal punctuation

I have been to Kuala Lumpur, Malaysia; Jakarta, Indonesia; and Paris, France.

Some of Australia’s largest cities are Sydney, New South Wales; Melbourne, Victoria;
Adelaide, South Australia; and Brisbane, Queensland.

The relevant dates are January, 2006; March, 2006; June, 2006; and December, 2006.

Attending the meeting were Mr Allen, an accountant; Mr Jackson, an engineer; Ms Owens, a

solicitor; Mr Anderson, a builder; and Mr Williams, a financial analyst.

We ordered five cartons of printer paper; six lined, medium-sized stationery pads; and nine
boxes of assorted pens, pencils and markers.

Our costs involved printing, $50; photocopying, $30; phone calls, $10; and delivery, $15.

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SECTION 8: DRUG NAMES AND MEDICAL TERMS

A diabetic I
abreaction diaphragm Imogram
Adderall diastolic/systolic Inderal
afebrile diazepam intubate
air viver Diazepam Flexeril ischaemia / ischaemic
alodorm Di-gesic isoflurane
Ambien Disprin
Amitriptyline dothiepin hydrochloride J
Amoxicillin Doxylamine Jay Phyl
angioplasty dysrhythmia
aorta K
Aropax E keloid
Arorix Endone Klonopin
arrhythmia ephedrine
aspirin epigastric L
Atenolol erythromycin labyrinthitis
atheroma ET – end tidal laryngeal
Ativan ET CO2 Lexapro
exsanguinations lignocaine
B Lipitor
barbiturates F Lisinopril
Becotide Feldene lithium
benzodiazepine Fi O2 lividity
bipolar fluoxetine Lomotil
bolus fulminant toxaemia Lorazepam
brompheniramine (maleate) Losec
buprenorphine G lumbosacral
Buscopan Gabapentin LSD – lysergic acid diethylamine
Butazolidin galvanometer / galvanocautery Lyrica
gamma butyrolactone (GBL)
C Gestalt M
caesarean glucuronide macrophages
Cafergot gonadotrophin Maxolon
cannula grand negative sepsis MDMA (ecstasy) three,four
catharsis methylenedioxymethamphetamine
Cephalexin H mechanistic
cerebrospinal haematoma mediastinum
Clonidine haemothorax Meniere’s disease
chloroquine Haloperidol Mersyndol
clavicle heparin Mescaline Mescal three, four, five-
clofazimine hepatic trimethoxyphyenylethylamine
cognitive therapy hydrocephalus metabolites
crystal amphetamine hydrochlorine Metformin Methadone
crystal meth methylamphetamine (ice) Methadone
Cymbalta hydrochlorothiazide methamphetamine
hypercapnia methocarbamol
D methylenedioxymethamphetamine
decerebrate hypermanic methylamphetamine
defibrillation hypovolaemia Metoprolol
Deseril hypoxia / hypoxic Mogadon
dexamphetamine morphine
DOB four-bromo-two, five- moribund (dying state)
dimethoxyamphetamine Murelax
DOM four, methyl-two, five- musculo-ligamentous
dimethoxyamphetamine myocardial infarction

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 N R W
Naprosyn Ritalin Wart-Off
Naproxen Rivotril Welchol
Narcan Rohypnol (Rohies)
Nardil X
Nephramine S Xanax
neuro-humoral Sandomigran Xantrax
Neuroleptic sciatica Xyrem
neurone sepsis X-ray
Neurontin septicaemia
NIBP – non-invasive blood Serepax Y
pressure Seroquel Yasmin
nitrazepam Skelaxin Yaz
Nolvadex soma yellow fever
norfloxacin somatisation
Norvasc sternocleidomastoid muscle Z
Nurofen sternum Zactin
subcutaneous Zanax
O subepithelia haematoma Zocor
oesophageal sublingual Zoloft
oesophagus subungual
osmosis
Oxycodone T
OxyContin tachycardia
P tachypnoea
Panadeine Forte Tagamet
Panadol thoracic
paracetamol thorax
parietal pleura tinnitus
Percocet Phentermine tamoxifen
peri-mortal trachea
peritoneum Tramadol
Pethidine Trazodone
Physeptone triage
placebo trocar
pleural cavity turgor (swelling)
pneumonia
pneumothorax U
Polaramine
postero-lateral V
Prepulsid vagul
Propofol vagus nerve
Propranolol Valium
Prothiaden Valtrex
Prozac Vancomycin
pseudoephedrine Ventolin
psychometric ventriculo-peritoneal shunt
pulmonary embolus vertigo
pulmonary oedema Viagra
pulse oximeter Vicodin
Virutex
Q visceral pleura
Quazepam Voltaren

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APPENDIX – SUMMARY OF AMENDMENTS TO VERSION 3 OF FORMAT AND STYLE
GUIDE

Page Section Amendment

Number(s)
12 General Minor clarification
14-18 1.2 Addresses – opening and Content update: Note gender neutral self-rep
closing banners on page 14 and update to Magistrates
Court on page 18
19-25 1.3 – Adjournments and Content update: Note changes to During
Resumptions Proceedings and Conclusion of a Matter on page
19.
28 1.5 – Bail Applications Minor clarification
29 1.7 – Calling/announcement of a Minor clarification
matter
36-37 1.13 – Court/Tribunal Officers Content update: Note addition of further Court
officers.
38-41 1.15 – In-camera proceedings Content update: Note updated transcript
examples
44 1.22 – Not to be recorded Minor clarification
45 1.23 – Not to be recorded and Minor clarification
matter adjourned
48 1.29 – Transcript Cover Pages – Content update: Note new Copyright disclaimer.
spacing
74 1.42 – Verbatim Content update: Note Revisable transcripts and
Tidying up sections.
81 1.45 – Watermarks Minor clarification
85 Child Witness Minor clarification - application of CALLED banner
92 2.3 – Telephone Conference/Video Content Update: medium banners to appear on
Link evidence continuing days’ transcripts
93 2.4 – Closed-circuit television link Content Update: medium banners to appear on
evidence continuing days’ transcripts
101 Hostile Witness Content update: Update to Guide
103-104 Multiple Witnesses Content update: Note footer example and minor
clarification regarding individual and multiple
witnesses in a transcript
110-113 2.10 – Voir Dire Content update: Note removal of ADDRESSES
ON VOIR DIRE banners. All
submissions/addresses to Judge before, during or
after Voir Dire evidence are transcribed in full
114 3.1 – Acronyms Content update: Note additional acronyms
115 3.3 - Apostrophe Minor clarification regarding CCQ/CCJ
116 3.3 – Apostrophe Content update: Note clarification to apostrophe
applied to Times
118 3.5 – Capitalisation and Lower Case Minor clarification - Revisable Transcripts
120 3.6 – Contractions Minor clarification
121-122 3.7 – Ellipsis Content update: Note addition of ellipsis
regarding Courtroom telephone numbers etc
124 3.10 – Exhibits and MFIs Minor clarification – spacing between “Exhibit” and
number/letter etc for transcripts
139 3.17 – The use of “Mmm” Minor clarification
141-142 3.22 – Quotation of Speech Content update: Note quotation marks
applicable for direct speech in all instances
throughout a transcript
143-147 3.23 – Quotation of Written Material Content update: Note quotation of all written
material is indented/italicised, however, quotation
marks for quoting of three or less words.

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 Page Section Amendment
Number(s)
150 3.25 – Spacing in transcript Content update: Note updates regarding
banners and conclusion of transcript
163-164 Verdicts Content update: clarification of [TIME] notations
175-181 Summing Up//Redirections Content update: [TIME] notations and no times
required in Summing Up banners.
184 Civil Juries Minor clarification
187-188 Childrens Court of Queensland Minor clarification
197 Voir Dire (Magistrates Court) Minor clarification
199 Inquest Findings Minor clarification
221 QIRC Content update: general information and
recordings to be turned off for all confidential
proceedings
223 QIRC – Self-represented parties Minor clarification
236 Apostrophe – Times Content update: clarification

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