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FAMILY COURT OF AUSTRALIA ■ ■ ■ ■ Further co-operation with referral centres for clients from NESB, and the indigenous communities. Indigenous women uncomfortable about going to a non-indigenous service. There are very few services. Aboriginal Legal Services do not take on disputes between indigenous people. Cultural implications. Cultural advice should be provided earlier than trial when there are indigenous issues. Should come from expertise. Difficulty of defining who are the indigenous experts. 3 Services within the system: Service Providers Comments and suggestions included: 3.1 Information within the Court processes 3.1.1 Web site, PCs and other support ■ The provision of PCs for use by SRLs for the preparation of documentation and with a continual website operating to enable the clients to down load information relating to their cases from relevant sections of the Family Law Act. To ensure SRLs do not become victims of the information technology world, hard copies of all relevant information should also be provided. ■ ■ Suggestion that the case conference document could include people and the physical environment explained. Website and literature works well for those who can use them. Forms and divorce kits are useful and helpful and it is valued that they can be filled out by hand. 3.1.2 Expansion of Information Sessions ■ The information session that is held on the morning of the First Return Date/Case conference is seen to be a good idea. However a more general session needs to be conducted providing more information on the environment of the court for example: ■ ■ What does a court look like? Who is a Judge/Registrar? Where do I go? Where are the toilets etc. A suggestion was that out of hours "tours" could be conducted with even the possibility of conducting "moot" court hearings with the litigants being able to get a "feeling" for the courtroom environment. 36
Self-represented Litigants ~ A Challenge: PROJECT REPORT ■ ■ The participation of the Child Support Agency in the information sessions was considered to be of the utmost importance, it would reinforce the issue of child support happening early after separation, and in conjunction with parenting roles within the family. Provision of clear concise written information with input from users, not designed by the court. The court should also look towards becoming a people’s court, rather than a court’s court and strengthen the process of "de-courtifying" itself. 3.1.3 Extension of roles within the Court ■ More emphasis on client service officers being available within the court to provide assistance and information rather than the 1800… help desk phone line. This would give informed and suitable assistance at outset, and allow "hands on" assistance when needed most, at the implementation stage of the process after the initial advice. ■ ■ ■ ■ There is a real need for legal advice and information to be available within the court, with the extension of "duty solicitors" services. If the "duty solicitor" scheme could be enhanced it would provide assistance for litigants who do not have the resources for legal services Call for Magellan in all registries. If legal aid is an issue, note that Magellan found it saved legal aid money, but it is resource intensive. Use Magellan strategies for acrimonious/intractable cases – intensive case management is addressed, at least partly, by caseflow. Communication skills of people on the bench are variable. Sometimes language is not helpful to an SRL. May be something services might take into account when advising on choice of court; choose the Federal Magistrates Service (FMS) for this kind of reason. Positive feedback about Family Court client information officers who help people fill out forms. 3.2 Case Management of SRLs ■ Case conferences are seen to be an improvement on a directions hearing for the first appearance stage of the process with a larger percentage of matters settling than in the past. ■ While the theory of case management by caseflow officers is in practice in most registries, there needs to be more involvement in the intensive management of cases of SRL matters by court staff. 37
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