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FAMILY COURT OF AUSTRALIA ■ ■ ■ ■ ■ ■ ■ An important issue appears to be that SRLs are often forced into litigation because of the other party’s reluctance to come to an agreement through mediation or conciliation. Ideally they would like to take lawyers out of the loop, and make the system more inquisitorial rather than adversarial. There is a need for more mechanisms to be put in place to resolve issues before they get to court, with resources made available through court or non-government organisations to enable early advice, on how conciliation or mediation may be the pathway to follow. Resources could be well spent on more advertising to the general public on the services provided by the court and community service providers. Support also needs to be continued for litigants throughout and after process. The FCoA and Child Support Agency (CSA) need to conduct workshops in local communities, including country areas. People often at their worst when first entering the system. People need to know what is going to happen. Identify goals and expectations. There is a perception that information which comes from the court is not impartial, is not gender neutral. Videos need to be presented from a gender-balanced perspective. There is a perception that if there is disagreement the court is the place to go. Before people get to court they need more mechanisms and support to resolve their dispute before it becomes too difficult. More resources into pre-filing services. (An SRL) had not been able to get advice. Legal aid would not advise and did not refer to CLC. "Most men think they have done something wrong when they find themselves in the Family Court. Brought to the Court by the other party". He had contacted a men’s group but did not take it up, recognising an agenda he was not interested in (‘being a victim’ he called it). 4.2 Providing Advice ■ Free legal advice available to more people, by increasing or the introduction of the provision of "duty solicitors" in legal service centres, or Family Court registries. Including the availability of provider to give free advice on the merits of the matter. This could be the first link up with the litigation process before the lodgement of documentation, and include advice on the steps that lead to trial, dollar costs, emotional costs and advice as to possible outcomes. At the other end of the process, advice on the interpretation of orders to allow discrepancies to dealt with before they cause more litigation to occur through contravention orders. 42
Self-represented Litigants ~ A Challenge: PROJECT REPORT ■ ■ Peer Support Service has also dealt with people who have not yet filed an application. May be harder to stay out of the area of giving advice if a person has not filed an application, could be referred to a CLC, who can help a person to get things right at the beginning. Avoid the first step being the wrong one. (SRL) Guidelines would be helpful – some indication of what a reasonable outcome will be, how things should work. Why is it all so vague? Issue of discretionary jurisdiction. And there has been enormous resistance to past attempts to do this. 4.3 Support ■ One SRL indicated that his initial experience of counter staff not helpful (he found it to be much better later). He did not get help to fill out forms. He felt that there was a wrong attitude of counter people when clients are in emotional state. Other SRLs in the group gave strong support to the counter staff from their experience. ■ Discussion of government policy emphasis on community – look at the consequences of this change and ensure the process works better. Difference in cost to clients but no apparent impact on filings yet. 5 Within FCoA Registries: SRLs 5.1 Information ■ When SRLs approach the FCoA it is imperative that they have access to up to date, information. More general information sessions should be conducted by the FCoA on the processes, and the environment of the court, and include a question time. Use of para professional advice information ■ Access to electronic and other sources of information, explaining the processes of the court, terminology. Including a "dummies" guide do-ityourself instruction booklet, and the availability of the FCoA website at a visible point in the registries, (community service organisations local libraries) including the following information: ~ Breakdown and handouts re forms and processes ~ Information on the standard requirements and format of documents ~ Step by step clear language and instructions, on protocols and court etiquette ~ Ensure the information is provided on a continual basis with appropriate information for each step of the way. ~ Register of available solicitors 43
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