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

More documents

Recommendations

Info

FAMILY COURT OF AUSTRALIA SRLs at the Parramatta registry for both FCoA and FMS. To provide referrals, limited representation, enhance coordination of existing services. Expectation that it would increase opportunity for settlement, reduce the number of times SRLs need to come to court, reduce their impact on court processes. Benefits would be expected to flow to the court, the legal profession and the SRLs. At the time of filing it is intended to provide applicants with information about the program. There is an assumption that at this point they have made a choice to represent themselves in court proceedings, so it is not aiming at the general public. They are given an opportunity to attend an introductory workshop, and one on one interview with a student to look at documentation and an opportunity for referral to other services. Workshops to be offered on how to go about representing oneself, preparing a case for trial etc. Hopes to bridge the gap between having information and being able to implement it. There would be an opportunity for representation in very specific circumstances, e.g. uncontested divorces. The program should be available once or twice per week. Students would be supervised and have completed study in family law and the skills of family law practice. Addresses issues about line between information and advice and also meets educational needs. Law Society is not supportive. If Commonwealth funding is available it could be up and running by mid 2002. Legal profession may prefer use of paralegals when people can’t afford a lawyer. They might be persuaded by the removal of frustration they experience when the other side is unrepresented. The Dandenong project has been evaluated. It has had marginal impact on time and numbers measures but impact on experience of participants was significant, particularly reduced stress on clients as well as benefits for students who gain excellent skills for practice. Needs clear exclusionary criteria e.g. a Magellan approach for the complex cases. Expectations also need managing. 50
Self-represented Litigants ~ A Challenge: PROJECT REPORT 6.3 Suzanne Christie, Law Society of NSW Presentation from the perspective of the represented party, SRLs appear to have direct access to the judge. It is hard for the represented party to keep their counsel when the other is allowed to speak for themselves and present evidence from the bar table, often this involved stuff that would not otherwise be aired before the judicial decision maker. Would be better if there was fully open communication before the judge with all material being on the record. SRLs are not bound by a professional code of ethics, they are not bound not to lie and they cannot have detachment. Private costs as well as public costs are increased by SRL on the other side. Settlement opportunities are lost. Shorter time involvement of SRLs is probably explained by dropout rate or by simplicity of the case. Costs orders are ineffective. Procedural adjournments, which are frequent cause, added cost to the represented party. Recommend that costs orders be encouraged in appropriate cases and that SRLs be advised of the implications of representing themselves with respect to this. There is a tension between the adversarial system and the inquisitorial nature proceedings take on when there is an SRL. Questions emerge around judicial neutrality or evenhandedness – assumptions that come with it can be distressing for clients. Interim affidavits – these are good for SRLs. They guide what are relevant s.68F factors. On the other hand simplified forms allow for increase in applications without any merit checking. Unbundled legal services – supports an education and assistance program for legal aid clients. Some legal assistance is better than none. Position is still that legal aid is necessary and should be well funded. Issues of professional indemnity – where does the responsibility of the person providing the assistance begin and end. Representation is the hardest part. This is an important issue for CLCs. There is a question of whether or how FCoA is able to deal with CLC at the level of service they provide. Reference to a Phoenix program which provides an information pack to take away – appropriate documents and supporting information. 51
Page 1 and 2:
Self-represented Litigants A Challe
Page 3 and 4:
Self-represented Litigants A Challe
Page 5 and 6:
Self-represented Litigants ~ A Chal
Page 7 and 8: Self-represented Litigants ~ A Chal
Page 57: Self-represented Litigants ~ A Chal
show all

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

Create successful ePaper yourself

Delete template?

Save as template?