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FAMILY COURT OF AUSTRALIA
PREFACE
The Family Court of Australia was one of the first courts to recognise the
challenge represented by the increasing numbers of litigants who, either by
choice or necessity are self-represented in proceedings before it. As a
consequence, the Self-represented Litigants - a Challenge project was set up.
This project has now completed the first phase of its operations.
At the beginning of the process the project determined that it should advance its
activities in three main directions – Information, Collaboration and Innovation.
These three headings corresponded in more colloquial terms to the challenge of
getting self-representing litigants lawyers, making them lawyers or changing the
system.
Research undertaken in conjunction with and at the request of the Court has
indicated that (in first instance) 30–40 per cent of the matters involve litigants
who are self represented at some point. The analysis of this phenomenon and
the development of strategies to meet the challenge have resulted in many
initiatives which are reflected in this report.
It was never expected and indeed cannot be expected that the Court will finish
the process of designing and reforming its supply of information and procedures
to take account of the changing face of litigation and the needs of those who are
self-represented. So far we have made a substantial start and have recognised
that this process involves much more than simply the handing out of a "kit" at the
time of the hearing. It is rather the provision of relevant information in a
comprehensible and comprehensive form at appropriate times during the
proceedings. This is consistent with and supportive of the Court’s objectives to
find the most appropriate way to resolve disputes.
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