What is a Barrister and why do I need a Barrister for my hearing?

There are two main types of lawyers in Australia, these are barristers and solicitors.

A solicitor is a lawyer that is involved in the day-to-day management of your case. At Hillcrest Family Lawyers, your solicitor will be responsible for

• taking your instructions at the initial and subsequent appointments,
• providing advice,
• drafting letters,
• gathering your evidence
• drafting the orders you will seek in court,
• drafting your affidavits and
• other supporting evidence.

A solicitor is qualified to represent individuals in court, preparing and running hearings, and appeals. If you engage a solicitor to represent you at a Final Hearing, you are engaging them as “solicitor advocate”.

However, you will find that not many lawyers take matters to final hearing as solicitor advocate. This is because, a solicitor acting in court, “like a commander in battle, often has to make decisions quickly and under pressure, in the fog of war and ignorant of developments on the other side of the hill. Mistakes will inevitably be made, things done which the outcome shows to have been unwise. But advocacy is more an art than a science. It cannot be conducted according to formulae” [Sir Thomas Bingham M.R. in Ridehalgh v Horsefield [1994]


For this reason, you will find many solicitors will hire Barristers who are advocates trained in the “art” of advocacy and litigation and who almost exclusively work in this field.

Barristers are typically retained by a solicitor to provide legal representation in legal matters, and may also provide written advice on specific areas of law. Barristers are independent advocates who are trained to appear in a courtroom, and in alternative forms of dispute resolution. They are highly skilled in litigation work, and cross examination of witnesses at Trial.

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Statistically speaking, clients receive significantly better outcomes where they engage a barrister early on in the Court process. In cases where the involvement of a barrister is deemed appropriate, we work with the best barristers in NSW.

At Hillcrest Family Lawyers, we retain barristers:

• Where the matter is a high stakes matter, for example, where the client seeks an interim change of residence application/ or a no contact order
• Where the matter is an interstate or overseas relocation matter
• Where there are allegations of extreme family violence or sexual assault involving a child
• Where the subject child is at risk of being alienated from the client
• Where the matter has been listed for final hearing
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If you think your matter is complex, and requires the assistance of lawyers and barristers, we urge you to make contact with a lawyer and barrister as early as possible to ensure you get the best outcome for your legal matter.

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