Open PDF - Self represented Litigants a challenge - Size 786 KB

FAMILY COURT OF AUSTRALIA
3.6 Assistance during proceedings
■
What about an inquisitorial process once proceedings have begun?
■
■
■
■
■
■
■
■
■
■
■
■
■
■
SRLS find it difficult when the other side is represented. Could include a
lay adviser with social science background to assist the judge. Aim to
preserve fairness. May be better than having a self-representing woman
being cross-examined by the perpetrator of violence.
Judicial officer would do the fact-finding. Would need an investigator
attached to the Court – added to a more interventionist judge. With or
without lawyers?
A lot doesn’t happen until people get very close to trial, preparation for trial
happens very late. This phase is very difficult.
Develop a process to allow decisions on summary issues in a timely
manner to allow clients to get on with their lives.
Cutting lawyers out per se may be problematic because they play an
important role in the process – provide guidance.
Early conciliation conferences ought to be helpful.
People with not much property to sort out need a summary decision
process – some comment on FMS not being a good experience.
Many don’t take notice of directions hearings and get around case
management guidelines. People need to understand the benefit of
preparing hearing documents well in advance.
Canberra registry sends a letter out in advance which lists what has to be
done before a hearing date will be allocated (trial notice). Matters then
proceed on evidence filed, no matter what if one party has complied.
Acknowledgement that there will never be a hearing in which every thing
is before the court. This may need more explanation.
Needs to be more uniformity across registries.
Child representatives should be appointed early, family reports available on
time.
After conciliation processes are done, need better information before going
to trial about what is involved.
Should be noted that it is a disadvantage to be unrepresented in the current
system.
To change the system requires working with lawyers, not seeing them as
part of the problem.
40