Court Observation Report

This Court Observation Report provides insights on the proceedings and observations made during a visit to the Supreme Court. It includes details about criminal and commercial cases, the court room setting, facts observed, and the role of the judge. The report also highlights the differences between the Commercial court and the Common law.

Running head: COURT OBSERVATION REPORT
COURT OBSERVATION REPORT
Name of the Student:
Name of the University:
Author Note:

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Part I
Court Room Setting:
a) As the part of the educational tour, I had made a visit to the Supreme Court situated at 210
William Street, Melbourne.
b) I went on the 21st April, 2019 at around 9 am morning and stayed there for almost 3 hours and
returned at 12 noon.
c) The judge present there was Justice Sifris.
d) During this period, I was able to witness two different cases, one Commercial and other
Criminal cases. This experience was very enriching as I was able to have practical experience
about cases are dealt in reality inside the court rooms. It allowed me gain knowledge about legal
procedure through actual participation. Through this study, a reflective analysis on the
observations and experiences incurred in such visit was made.
e) Background of the case:
Facts of the Criminal case:
The first case that I observed is a criminal case where Victorian lady named Fatma
Solmaz of 61 years of age was strangled to death by using cord by his ex husband Mehmed
Solmaz who was a Turkish person originally. This case gained huge popularity because of it high
media exposure. I was over excited to witness the trial of this case. The husband denied the
allegation by claiming that he hurt her as a mode of self defence to save himself.
Facts of the Commercial case:

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The other case which I observed was a Commercial case where Brady Queen Pty Ltd.
was the plaintiff in this case in his capacity as also as the Brady Queen Unit Trust’s trustee. The
two defendants of this case were 280 Queen Pty Ltd in its own capacity and as the trustee for the
280 Queen Unit Trust and the other was Austhome Developments Pty Ltd in its own capacity
and as trustee of the WU Family Trust. The case deals with the competing claims of oppression
under section 232 of the Corporations Act 2001. The plaintiff alleged that Mr Wu and Austhome
were involved in conduct which was in contradiction to the interest of its members. The plaintiff
Brady Queen was seeking remedy as per section 233 of this act. There was a mutual agreement
on the remedy claimed in this litigation. The remedy mutually sought was that Brady Queen shall
buy the units of Unit Trust and shares of the Austhome. The point of dispute was about the value
of the cost price of the shares and units plus the cost of the property. Another matter of dispute
was the method by the use of which the price of the property is to be found out.
f) Facts that I observed:
Criminal case:
The hearing started after the state prosecutor explained the brief of the case before the
honourable judge. He stated that Fatma was murdered by Mehmed who was arrested by the
Goonwindi police. He mentioned that her body was recovered inside her home. The accused was
taken in remand custody. Mehmed was brought before the court. A Turkish interpreter was
present to interpret his words. The prosecutor mentioned he denied the charge of murder . the
autopsy report was placed before the court. The judge asked him whether murdered his wife. He
said no and added that he acted in self defence. Then the witnesses for the prosecution the
pathologist Dr Burke, the police who arrested him and the detective Strachan were asked to

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appear before the court by the judge’s order. The prosecutor mentioned that no one was present.
Then the judge scheduled the next hearing of the case of 31st May, 2019. Then the judge left the
room and everyone bowed down.
Criminal case:
When the hearing started, I observed that the judge raised various matters to achieve
quick administration of justice. The judge mentioned that joint venture of the parties have failed.
He mentioned that at this point of time, the best way was to cause the winding up of the company
under section 461 (1) (k) of the Act. But the judge said that he would order winding up only as
the last option. Then the judge sated that the next date of hearing will be on 4 th June, 2019. On
this date, the parties were asked to make submissions regarding any other alternative remedy that
they may be used to stop the winding up procedure.
g) There was no resolution of the questions before the court when I was present in the court.
Part II
The court room proceedings are found to be people friendly. I found the Justice was very
understanding and helpful. The judge was found to be always helpful to the parties. They made
liberal usage of law instead of interpreting it in strict manner. The judge focussed on arriving at
the best administration of justice.
The television and other media did not accurately portray the court room setting and
procedures of the court room properly. They portrayed that the litigation procedure is very fast
and formal. But in practice, it is not so. The judge tries to arrive at the best decision by giving
time and scope to the parties as well as the witnesses. Moreover, they misinterpreted the facts of

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the case for their own benefit. In the criminal case, the news app The AgeSolmaz held that teh
accused had pleaded guilty but in reality the case was not so. Here lies the gap between the news
being portrayed by the media and the reality.
The advocates for both the parties were very intelligent and professional. They knew their
subjects well and helped to achieve the best result for their clients.
The environment inside the court is very soothing and calm. There is pin drop silence
inside the room except when the judges or other members talk to one another. All the people
inside the court room respect the judge. They even bowed down to show their respect.
Part III:
The Supreme Court of Appeal deals with appeals against the decisions given by judges in
both civil as well as criminal cases. It also deals with appeals from the decisions of the associate
judges, in the Supreme Court. It also hears appeals from the decisions of the County Court give
by the judges of Victorian Civil and Administrative Tribunal (2019).
The Appellate court hears appeals from the decisions given in the civil cases by the
Supreme Court, County Courts and the Victorian Civil and Administrative Tribunal. It also
hears appeals from the criminal convictions from the County Court or the Supreme Court.
The bench of a court of Appeal usually consists of 3 judges, but the number is also
dependent on the matter to be heard by the court. A civil appellate case may be heard by a single
judge. The hearings of the Appellate court are usually made in public forum such that public can
watch its hearing. However, if the judge is of the opinion that access to the public is to be
stopped, then it can order accordingly.

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The differences between the Commercial court and the Common law have been
enumerated in the following part of the answer. The Commercial court formed in Supreme court
of Australia in 2009, is a special court that hears and decides intensive case management by the
judges having commercial experience and knowledge. A dedicated registry is maintained by it
to manage its administration. The common law division mainly deals with contract law cases and
cases of tort and also hears appeals and reviews decisions contested of other courts or tribunals.

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References:
(2019). Retrieved from https://www.supremecourt.vic.gov.au/sites/default/files/assets/2017/09/
fb/3a2fbc61a/gen2structureofthetrialdivision.pdf
(2019). Retrieved from
https://www.supremecourt.vic.gov.au/law-and-practice/court-of-appeal
(2019). Retrieved from
https://www.supremecourt.vic.gov.au/law-and-practice/areas-of-the-court/commercial-
court
(2019). Retrieved from
https://www.supremecourt.vic.gov.au/law-and-practice/areas-of-the-court
(2019). Retrieved from
https://www.supremecourt.vic.gov.au/sites/default/files/2019-02/supreme_court_of_victo
ria_final_lr.pdf
The Corporations Act 2001