The Law Handbook 2024

76 NOTES The law in this chapter is current as at 1 September 2023. In this chapter, the word ‘tribunal’ refers to both state and Commonwealth tribunals. Attending court: Your options This chapter provides basic information for people who are required to attend a court or tribunal for a hearing to which they are a party. Engaging a lawyer The legal system (especially the courts) is designed to have lawyers represent the parties involved in a dispute. For any case where you are a party, you can engage (hire) a lawyer to advise you and, in most cases, to represent you (see Chapter 2.1: Legal representation). A lawyer’s job is to act on your instructions while still following the ethical rules of their profession. Lawyers can tell you about your options for how to handle your case and the possible different outcomes, based on their legal knowledge and experience. Having received your lawyer’s legal advice, you can tell them how you want the case to be run and which options you want to take. This is called giving ‘instructions’. Your lawyer can then prepare your case and speak for you in court based on what you have told them you want to do and what outcomes you are hoping for. Legal representation is helpful because lawyers have detailed knowledge of the law and legal procedures, which guide them to run a case to get the best outcome. In most circumstances, you will need to pay to hire a lawyer. In some cases, there may be legal services that can act on your behalf for free. For information about finding and hiring a lawyer, see Chapter 2.1: Legal representation. If you cannot afford to hire a lawyer, you may be eligible to receive free legal advice and possibly representation from Victoria Legal Aid ( VLA ) or from a community legal centre ( CLC ). (For more information about this, see Chapter 2.2: How legal aid can help, and Chapter 2.4: Legal services that can help.) Note that the types of cases and the circumstances in which VLA or a CLC can represent you for free are quite limited. Self-representation If you are one of the parties in a legal case, you can choose to present your own case to the court or tribunal (referred to in this chapter as ‘self- representation’). Self-representation is permitted in all Victorian courts and tribunals, as well as in the Federal Circuit and Family Court of Australia. (For more information about the different courts, and the types of cases heard in them, see Chapter 1.2: An introduction to the courts.) Self-representation in the Magistrates’ Court In the Magistrates’ Court of Victoria, self- representation is permitted in criminal matters (under s 328(a) Criminal Procedure Act 2009 (Vic) (‘ CP Act ’)) and in civil law matters (under s 100(6)(a) Magistrates’ Court Act 1989 (Vic)). Self-representation in the Federal Circuit and Family Court of Australia In the Federal Circuit and Family Court of Australia, self-representation is permitted under rule 8.01 of the Family Law Rules 2004 (Cth). Self-representation in tribunals In tribunals, self-representation is always permitted. Tribunals are designed to be simple, low-cost jurisdictions that are very accessible for self-represented parties. In some circumstances, self-representation is the default position and you are required to seek 2.3 Contributors: Alice Meredith, Senior Lawyer, and Thea Casey, Lawyer, Victoria Legal Aid Representing yourself in court