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Family Court’s self-represented litigants left on their own without choice
New research has identified a gap between the domestic violence victims who are not wealthy enough to hire a lawyer but earn too much to be eligible for legal aid, which has left them vulnerable to significant disadvantages in the justice system.
Naomi Neilson
A research project by the University of Technology Sydney (UTS), “No Straight Lines”, has demonstrated that people who represent themselves in Family Court matters often do so out of necessity, not choice. Despite a number of services providing one-off advice, these women are left out of ongoing, critical support.
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The research – conducted by Dr Jane Wangmann, associate professor Tracey Booth and senior lecturer Miranda Kaye – set out that without this legal guidance, those representing themselves often do not have realistic expectations of the process, which significantly disadvantages their case and leaves them vulnerable to losses.
They also found that self-represented litigants were often unfamiliar with Australia’s complex family law system and are not prepared for the court’s “heavy emphasis on paperwork and negotiation” which they are unable to manage effectively.
Those who have experienced trauma also find it more difficult to prepare and present their case to court. The research set out that experiences of violence in the court precinct have an “additional impact on how a self-represented litigant presents themselves in court, and the success of their case”.
ANROWS chief executive Dr Heather Nancarrow welcomed the findings and recommendations of the research, noting that they come at a time when Australia’s family law system is being actively reviewed and reformed to protect these victim-survivors.
“We have long had evidence that women affected by violence can be retraumatised by court proceedings. This report shows that not only is that true, but that this trauma affects the outcomes of cases, including how safe the outcomes are,” she said.
The study also showed that victims who represent themselves are not always safe from violence in the courtroom or the court precinct. Accessing safety measures has been proven to be a real gap and, when they fail to understand the processes that are available, courts fall short of informing them.
“Without a lawyer guiding them, many women simply did not know what was available and what they could ask for,” Dr Wangmann said. “Indeed, for a couple of women, it was only in their interviews for the research project that they learnt about safe rooms or alternative means of giving evidence.”
