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Self-represented Litigants ~ A Challenge: PROJECT REPORT
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FCoA recognises there are clients who need not come to court. Needs to
do more asking ‘why are you here?’ Could do this better if it had more prefiling
services.
Can people have initial court contact without it being adversarial? Better
information on the costs of taking the litigation path and potential for no or
adverse outcome. However, there is sometimes the need to make a
decision to tide people over re arrangements for children. This might have
to happen before both parties are ready to resolve, but does it have to be in
court?
There are some situations where there is an adversarial assumption. – child
abduction. Are there other ways of doing these matters?
Does or should a CSO at the FCoA have a role in directing people
elsewhere before they file an application?
2.2 How best to deliver the information they need in a way
they can absorb
2.2.1 Handling the forms
■ Service providers perceive that there is an overwhelming amount of
information. People need to be able to explain what they are trying to
achieve and given the appropriate forms to take away. (From the Brisbane
registry people have been referred to CLCs in the first instance).
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Too many forms – difficult to work out what the claim is. Suggestion that
there be one simple form, with basic information. Simplicity should be the
objective of form revision.
Idea of a simple information sheet on where to go for assistance to be
received by the respondent when served. Given the government policy of
community emphasis, who decides who should be on the form? What
about non-funded services – like support groups?
Note Federal Magistrates Service (FMS) simplicity but now they are asking
for an affidavit to accompany it. There is a view that an affidavit may be an
easier vehicle for a client to tell their story. But this can disadvantage the
conciliation process.
Guidance available from CLCs.
Comment on sheet which lists draft pro forma orders – there may be too
many, more than is needed. Needs improvement, clearer setout and more
explanation. They may be used for the wrong purpose.
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