The Law Handbook 2024

Chapter 2.3: Representing yourself in court 77 the tribunal’s permission to have a lawyer or a legally trained advocate to represent you (s 62 Victorian Civil and Administrative Tribunal Act 1998 (Vic); s 32 Administrative Appeals Tribunal Act 1975 (Cth)). In Victoria, the main tribunal is the Victorian Civil and Administrative Tribunal ( VCAT ). There is also the Commonwealth Administrative Appeals Tribunal ( AAT ), which deals with administrative decisions made under federal legislation. The Mental Health Tribunal ( MHT ) is another example of where people might self-represent. If you are participating in a hearing at the MHT you are entitled to free legal advice from VLA or VALS, and to be supported by an advocate from IMHAS. Self-representation in cases involving family violence or sexual offences In cases where family violence or sexual offences are alleged, you may be allowed to self-represent at times but not be allowed to represent yourself throughout the whole case, where the matter is contested. This is because certain witnesses are ‘protected’ – meaning only a lawyer who has no relationship with the witness is allowed to question them in court. If you are the alleged perpetrator, the court may say that you must have a lawyer to question (‘cross-examine’) the witnesses on your behalf. If you are not eligible for free legal representation and cannot afford to pay a lawyer, in some cases, a court can order VLA to provide limited free representation to you for parts of your hearing. It is important to seek legal advice as early as possible in these types of cases (see Chapter 2.4: Legal services that can help). Self-representation out of court Self-representation also includes directly advocating on your own behalf with the other party in a legal dispute, without the dispute necessarily ending up in a court or tribunal. This could include advocating for yourself in relation to a debt or making a complaint and seeking an outcome (e.g. an internal review of a decision you disagree with, or an apology, or compensation). If you can access appropriate legal information and advice, and can put this into practice in advocating for yourself, a good outcome is possible, particularly in civil law disputes. Going to a court or tribunal might be an option, but this can be avoided if your advocacy leads to an agreement to settle the dispute that both sides are happy with. Where cases are heard by a court or tribunal, negotiation to try and resolve the dispute by agreement is also generally encouraged at all stages of the legal process. Making the decision to self-represent You may choose to self-represent or you may not have another option. Either way, the skills and resources you are likely to need to represent yourself include: • a good level of English reading and writing skills; • internet access and the ability to use the internet to communicate and find information and resources; • time and the ability to prepare and organise information and resources. This could include reading the relevant legislation and the rules of the court or tribunal. You may not need to do any research if your case is straightforward and you have obtained legal advice before your hearing about the law and court procedures relevant to your case. For example, many people can effectively self-represent in a criminal case where they are pleading guilty to a minor charge and they have received legal advice in advance. However, you may still need to gather character references and other documents to support your case; • the ability to speak for yourself in a court or tribunal in front of a magistrate or the decision maker at a tribunal. You do not need to be an experienced public speaker, but you must be able to communicate clearly. If any of the points above are challenging for you, this may indicate that you could be eligible for some formof free legal assistance, including representation. It is worth contacting VLA (tel: 1300 792 387) or a community legal centre (see Chapter 2.4: Legal services that can help) to discuss the challenges you experience to see if you are eligible for free legal help. Attend court unless you are sure you do not need to In certain circumstances, it may be possible for you to not attend court at all; but in many cases, you must attend. You should seek legal advice about this if possible, as you may be disadvantaged if you do not attend court. You can also always check what