Family law
Meeting the needs of self-represented litigants in family law matters
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April 2002
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Abstract
The recent surge in the number of litigants appearing before the Family Court without legal representation poses a challenge to the notions of justice and due process that underpin Australia's adversarial system. This article discusses the growth of self-representation, its impact on the parties themselves and on the family law system, and current and proposed initiatives to assist unrepresented parties navigate the litigation pathway. The article draws in particular on the most recent report commissioned and published by the Family Court, entitled 'Litigants in Person in the Family Court of Australia' (Dewar, Smith and Banks 2000).
The recent surge in the number of litigants appearing before the Family Court without legal representation poses a challenge to the notions of justice and due process that underpin Australia's adversarial system. This article discusses the growth of self-representation, its impact on the parties themselves and on the family law system, and current and proposed initiatives to assist unrepresented parties navigate the litigation pathway. The article draws in particular on the most recent report commissioned and published by the Family Court, entitled 'Litigants in Person in the Family Court of Australia' (Dewar, Smith and Banks 2000).