Important information for representing yourself at the Supreme Court

A new Practice Note for Self-Represented Litigants brings together important information for those who seek to represent themselves in civil proceedings.

A practice note is a direction from the Court that outlines certain processes and instructions so matters run smoothly.

The Practice Note provides information in clear and simple terms. It should be a starting point for those who are thinking about representing themselves and should be followed carefully. Read the Practice Note.

It emphasises and explains:

• The costs involved, including the potential of being ordered to pay the other parties’ costs.
• The time commitment involved for self-represented litigants, including to research, verify and prepare court documents.
• The obligations of litigants, including having a proper factual and legal basis for a claim, trying to resolve disputes by agreement, acting promptly and minimising delay, and complying with court orders.
• That litigants are expected to behave respectfully and honestly towards Court staff and other litigants and in all Court hearings. 
• Things the Court can’t do, such as providing legal advice or advising on the likelihood of success in a matter.
• Where to get help, including free and low cost services and verified legal websites.

The Practice Note also includes a table of pseudo-legal arguments which have been considered and rejected by courts across Australia, to combat common misinformation that these are real legal arguments. Court staff can reject a document that relies on pseudo-legal arguments.

The number of cases involving self-represented litigants – those who bring or defend proceedings without a lawyer representing them – has increased in recent years, and it is important people understand what they are taking on when making this decision.

“Being a party in a case in the Supreme Court is a serious matter.” the Practice Note states, urging people to consider the important information it sets out before deciding to start or defend a proceeding without a lawyer.