Self Representation
"Courts should not allow the integrity of the judicial process to be undermined by the financial exigencies of legal aid schemes." Murphy J in McInnis v R (1979) 143 CLR 575 at 592.
The ability to protect children is too often proportionately dependent on the financial resources of each parent. Legal Aid ( if otherwise eligible) is given to "compliant" parents - withheld under various guises for those who are not "co-operative" ie those who will not stand by mutely and allow their children to continue contact with an unsafe parent.
The Litigant in Person
A study by Griffith University found that the increase in litigants-in-person (LIPs) over the last five year is attributable in part (though not entirely) to changes to legal aid means tests and guidelines (especially, in relation to the guidelines for family law matters, the effective removal of legal aid funding from property matters); and that LIPs are at a significant disadvantage by comparison with those who are represented.
From one of our members:
I am going to self represent as I have run out of money. Legal Aid does not cover my situation. I was told they only will often only fund the person who has a better chance of winning. I don't know how I am going to pay expert witness which are often necessary. I also have to worry about costs if I lose.
Who are McKenzie Friends?
If you are representing yourself in court (i.e., you are not using a solicitor or barrister to represent you), you may have someone sit next to you to take notes, offer non legal advice (in whispers), and prompt you to ask particular questions etc, but cannot address the court directly. This person is usually called a "McKenzie Friend".
Self Representation Kit
This kit for the self represented litigant is put out by the Victoria Legal Aid, this is an excellent guide for the self represented. Chapters on every aspect are included. Highly Recommended.
Cross Examination
The self represented litigant you will learn have to learn how conduct cross examination much more expediently. There are some "golden rules" that lawyers have formulated for example: never ask questions that you don't know the answers to.
Why Cross Examine?
Why cross-examine a witness? It's done with the principal purpose of giving you a basis for the arguments you will make in summation at the end of the case.
The Ten Commandments of Cross Examination
Much has been written about the “art” of cross-examination. Not all of it, though, involves art. Some of it involves natural talent, but most of it involves hard work. In truth, three factors combine to create this “artistic” success -- personality, presence and persuasion.
The Family Court of Australia
The Family Court of Australia has all forms required for self represented litigants. These forms are available on the web site and at the court registry.
NCSMC: links re court process's
A comprehensive page of links for most aspects of court proceedings including information about mediation, contact orders, protection orders and personal safety.
Australian Experience with self-represented litigants
(SLRs): A Family Court Perspective Paper presented by Richard Foster, CEO, Family Court of Australia at 21st AIJA Conference--New Challenges, Fresh Solutions, 19-21 September 2003, Fremantle, Western Australia
Submission to the Victorian Law Reform Law Commission
PILCH (Public Interest Law Clearing House) Vic, 15 December 2006 (Section 6 of submission relates to Self Represented Litigants)
Litigants in Person Management Plans: Issues for Courts and Tribunals
Published by the Australian Institute of Judicial Administration (AIJA) Incorporated, 2001
Unrepresented litigants
The Australian Law Reform Commission, Report #89 5. Legal Assistance:
Case and hearing management in the Family Court of Australia
Representation Review of the Federal Civil Justice System The Australian Law Reform Commission, Discussion Paper 62:
Legal aid and access to justice. Legal and Constitutional References Committee:
The Senate, June 2004 [Go to pp101-104 & 217-240]
CUSTODY PREPARATION FOR MOMS
Because of the pervasiveness of family violence in our country and the astounding nationwide system failure of our family courts to protect women and child victims, much of this sites' focus is on assisting and educating protective mothers. "Studies show batterers are able to convince authorities that the victim is unfit or undeserving of sole custody in approximately 70% of challenged cases. " (American Judges Association)
"Fathers who batter mothers are 2 times more likely to seek sole physical custody of their children than are non-violent fathers." (APA1996, p. 40.)
For the abuser, the courtroom is the last tool in his toolbox to control and abuse his victims. It is our goal to reverse this trend for the benefit of our children and our nation's future as a peaceful, non-violent society.
OTHER SUBJECT HEADINGS:
The Players
Evidence and Discretion
Legislation and Law
Venues
Self Representation
Family Court Decisions