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Strategies to enable self-litigants to conduct their own litigation -…
Strategies to enable self-litigants to conduct their own litigation
Major Primary Issues
Demonstrated understanding
of subject matter
Structured arguments
Thoughtful/powerful/honest reflective
statements demonstrating depth & breadth
of engagement with research literature
Options for Self-litigants
Alternative Dispute Resolution
-
https://www.courts.qld.gov.au/going-to-court/alternative-dispute-resolution
Legal advice
-
https://www.courts.qld.gov.au/going-to-court/representing-yourself/legal-advice
General Procedural advice
-
https://www.courts.qld.gov.au/going-to-court/representing-yourself/general-procedural-advice
Legal representation options:
Legal Aid
Community Legal Centres
Self-representation service
Law Society
Queensland Bar
Pro Bono Solicitor
No-win/no fee solicitor
partial representation for a particular aspect of the case
Self representation service (bankruptcy, fair work, human rights/discrimination, judicial review issues in Federal court)
QCAT - LawRight
Court & Tribunal Services to self-represent or in limited circumstances, be given representation
independent, non-profit community legal organisation that coordinates pro bono legal services
https://www.qcat.qld.gov.au/going-to-the-tribunal/legal-advice-and-representation/self-representation-service
Caxton Legal Centre
(The Queensland Law Handbook)
https://queenslandlawhandbook.org.au/the-queensland-law-handbook/the-australian-legal-system/self-representation/help-for-self-represented-litigants/
-Free Family Law Duty Lawyer service at Brisbane Family Court of Australia and the Federal Circuit Court of Australia, free Domestic and Family Violence Duty Lawyer at Brisbane magistrates domestic Violence court
Judicial Officer:
-Can provide some assistance to help understand proceedings
-needs to remain impartial
-Cannt provide legal advice regarding application of law and procedural rules
Assistance from registry staff:
-May provide procedural information but not legal advice
-advice about court rules, forms but can't assist with completing forms
Brisbane Supreme and District Courts:
Self-Represented Litigants Service (SRLS)
-Operated by registry staff at the Queen Elizabeth II Courts of Law
-Free, confidential and impartial assistance
https://www.courts.qld.gov.au/going-to-court/representing-yourself/general-procedural-advice
-Explain how the court operates
-Explain basic legal concepts and terms
-Information about court rules, procedures and practices, court protocols and etiquette
-Direct you to required forms and relevant legislation
-Explain mandatory requirements for completing forms and other documents
-Provide court lists and information about listing cases before the court
-Refer to agencies that provide legal advice
NO LEGAL ADVICE
DONT COMPLETE COURT FORMS
TELL YOU WHAT TO DO OR SAY
ACT ON YOUR BEHALF OR GO WITH YOU TO COURT
Court Network volunteers:
-go to court with you
-court familiarisation
-provide support and information about going to court
-explain how courts and legal systems operate
Supreme Court Library Qld
(SCLQ)
-Legislation, cases and commentaries
-access to resources and collections
Court Network
-non-profit organisation
-provides non-legal support and assistance
-operates out of the Queen Elizabeth II Courts of Law (for District and Supreme Courts), Magistrates court and QCAT in Brisbane
Navigation of relevant courts
Federal Courts and tribunals:
australia.gov.au/topics/law-and-justice/courts-and-tribunals
then relevant court website
Queensland courts
https://www.courts.qld.gov.au/going-to-court/representing-yourself
Resources and tools QLD
https://www.courts.qld.gov.au/going-to-court/representing-yourself/resources-and-tools
Factsheets for courts
https://queenslandlawhandbook.org.au/the-queensland-law-handbook/the-australian-legal-system/self-representation/resources-for-self-represented-litigants/
QLD Courts resource info:
https://www.courts.qld.gov.au/going-to-court/representing-yourself/general-procedural-advice
-Glossary
-Fees
-Forms
-Legislation
-Practice Directions
-Interest rates/calculator
-Offender levy
Types of Self-litigants:
2.
'unbundled' represented party where they have a legal practitioner only on certain aspects of law or procedure. May be retained on a paid basis or through legal centre or self-representation service.
1.
'direct' self-represented party which receives little if any legal advice
3.
Client of a directly-briefed barrister which will depend on terms of retainer. Client will do legal work such as proceedings, documents, demands and correspondence
References:
Parliament of Australia
Inquiry into Legal Aid and Access to Justice 2004
https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed_inquiries/2002-04/legalaidjustice/index
Chapter 10 - Self-represented litigants
https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed_inquiries/2002-04/legalaidjustice/report/ch10
Procedural or Legal advice
Procedural Advice
Registry staff can provide general procedural information so you can work out how to represent your case
Legal Advice