Federal Court releases practice note for self-represented litigants

The release of the Litigants in Person Practice Note forms part of the court’s ongoing Litigants in Person and Pro Bono Project.

In developing the practice note, the court collaborated closely with a diverse range of stakeholders, including community legal centres, members of the legal profession, peak bodies, and self-represented litigants themselves.

The practice note provides clear, straightforward information on the avenues available for legal assistance, highlights the serious responsibilities faced by those who choose to proceed without a lawyer, and clearly defines the role of the court.

The court has also set out clear guidance on the actions unrepresented litigants are required to take and what they must avoid when bringing or defending a legal claim.

Chief Justice Debra Mortimer explained that the creation of the practice note aims to provide self-represented litigants with a clear roadmap from the start, helping them understand their responsibilities and seek legal support if required.

“The Litigants in Person Practice Note ensures that obligations and expectations are communicated to litigants in person from the beginning,” Mortimer CJ said.

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“It enables people who do not have the benefit of legal advice to know what they are in for and to make informed decisions about how to proceed. This includes being informed whether there might be free or low-cost legal support available.”

As the number of self-represented litigants in the Federal Court continues to grow, Mortimer CJ emphasised that the need for clear, accessible guidance and support from the court has never been more urgent.

“The number of matters commenced by litigants in person is rising significantly in the Federal Court, which only heightens the importance of having clear, accessible guidance available at the outset, and providing such support as its resources allow to those people who conduct a proceeding without a lawyer,” Mortimer CJ said.

“The Federal Court is extremely grateful for the thoughtful and constructive feedback provided as part of our consultation process. The input received has shaped the Litigants in Person Practice Note and is making a significant contribution to the court’s ongoing work in this area.”