The Family Court of Australia was one of the first courts to recognise self represented litigants (clients of the Court who do not have a lawyer) as a permanent and significant client group.
Research undertaken in 2003 indicated that 30–40 per cent of Family Court cases involve a party who is self-represented at some point. In 2007-08 this figure was 20–30 per cent.
What the Court has done The Court has gone to considerable lengths to streamline the process for self represented litigants (SRLs) at court, providing them with increased support by simplifying its procedures to encourage the early resolution of disputes, and to make the Court more user-friendly. SRLs are a recognised client group and are included in all strategic developments at national and local registry level through registry business plans.
The following projects have been implemented in order to better meet the needs of clients, particularly SRLs:
Removal of glass screens and the installation of sit-down counters to create a less stressful environment in Family Court buildings.
Presenting information about Court processes and procedures in a clear and understandable way to assist SRLs to prepare for court. Information available in plain-English includes:
details specific to the different types of matters before the Court – stages, rules, procedures
general overview of the Court, such as location, procedures, personnel, terminology
a general overview of family law
an explanation of the role of court staff – including what assistance they can and cannot provide
a list of sources of legal assistance and information about legal costs.
Providing do-it-yourself kits for guidance and assistance on completing some of the most common forms, including consent orders, financial statement, affidavit and service.
Where possible, providing a duty registrar to assist SRLs with Court processes and procedural advice.
Providing compulsory training for all client service staff as part of the Integrated Client Service Delivery Program. This includes sessions on tailoring services to meet the needs of the Court’s different client groups. Staff are trained to recognise that they may need to spend more time with SRLs.
Providing comprehensive information on www.familycourt.gov.au and www.familylawcourts.gov.au including:
electronic versions of information brochures, kits and court forms for downloading by litigants
links to other sources of information, including government and community-based organisations
interactive information including a virtual tour of court and PowerPoint presentations
fact sheets translated into 10 languages
a step-by-step guide to proceedings in the Court
case management guidelines, practice directions, links to legislation and Rules of the Court
Providing dedicated personal computers with website access in all registries for use by litigants who may not have access to a computer or the Internet.
A new trial process, called the less adversarial trial (for more information, see the Less Adversarial Trial fact sheet). Unlike traditional adversarial hearings, the less adversarial trial is closely directed by the judge and is designed to encourage the parties to focus on future arrangements that are in the best interests of their children. Unrepresented parties may find it easier to participate in a less adversarial trial than the traditional adversarial method.
More about SRLs in the Family Court Research commissioned by National Legal Aid in 2003 found increasing numbers of litigants in the Family Court were self-represented. In this research, which specifically investigated the alleged link between the lack of legal aid funding and SRLs, of the 495 litigants interviewed, 83 per cent were self-represented and 15 per cent had been self-represented at some time previously in the Family Court. Slightly more than half had not applied for legal aid.
Some of the reasons provided for not applying for legal aid include: litigants did not think they were eligible for legal aid or thought that they would be unsuccessful (33 per cent); litigants preferred to represent themselves (29 per cent); litigants were “told they were ineligible for legal aid or their application would be unsuccessful” (23 per cent); and litigants didn’t want to accept legal aid conditions (3 per cent).
Of the litigants interviewed, slightly over 50 per cent were currently out of work, 75.6 per cent were aged between 30 and 49 and they were fairly evenly split between male and female.
