The Law Handbook 2024

Chapter 2.3: Representing yourself in court 79 • textbooks on particular points or types of law. (See also ‘Finding the law’ in Chapter 1.1: Where our laws come from.) Information about courts and tribunals, how they operate, and the laws you need to know – is available at a number of libraries, including the State Library of Victoria and VLA’s public law library (see ‘Contacts’ at the end of this chapter). Information sheets are often available from government departments (e.g. online from the Victorian Government Department of Justice and Community Safety) and from courts and tribunals. Other sources of help Other sources of help and advice can be accessed in person, by telephone and online; these include: • Federation of Community Legal Centres Victoria ( FCLC ) (www.fclc.org.au) – on the FCLC’s website, you can find information about the CLCs in Victoria and their contact details. Most CLCs have their own websites that include extensive and detailed self-help resources for members of the public. Many CLCs specialise in a particular area of the law (e.g. mental health law, employment law, discrimination, social security, tenancy, consumer law and seniors’ rights) and provide information about that par- ticular area of law. • VLA’s Legal Help phone line (1300 792 387) and website (www.legalaid.vic.gov.au) – VLA’s website hosts an extensive range of legal information on many topics and areas of law that is written in plain English and translated into different community languages; • Victorian register of legislation (www. legislation.vic.gov.au) – this register has all the current Victorian Acts and Bills; • Federal register of legislation (www.legislation. gov.au) – this register has all the current Commonwealth Acts; • Justice Connect (www.justiceconnect.org.au) – this is a community legal service that delivers free legal services and connects members of the public to free legal assistance from the private legal sector. Justice Connect also provides a self-representation advice and information service to assist people who are representing themselves in certain types of cases in the Victorian County Court or Supreme Court, and in the Federal Circuit and Family Court of Australia (see www.justiceconnect.org.au/our- services/self-rep-service) ; • Clerks and registrars of courts and tribunals – you can ask clerks and registrars for information (by phone, email or in person by visiting the information counter at the court or tribunal); contact details for courts and tribunals are available on their websites; • Victorian Court Network volunteers (www. courtnetwork.com.au) – you can speak to these volunteers in person at the Victorian courts where they are located. Similar to court staff, Court Network volunteers are not legally trained; however, they can provide information to help you familiarise yourself with the court environment and processes; • Independent Mental Health Advocacy (IMHA) (www.imha.vic.gov.au) – if you have a case before the Mental Health Tribunal – or you want to know your rights under the Mental Health Act 2014 (Vic) – you can receive non-legal advice, advocacy and information from the IMHA. Legal costs of the other party It is important to know whether or not you may have to pay the other side’s legal costs if you lose the case; this could be an important factor in deciding whether to go ahead with your case. Therefore, well before your hearing date, contact the court or tribunal to find out what the rules are in relation to legal costs. In some hearings, the party who loses the case must pay the other party’s costs. This is always the decision of the decision-maker (e.g. a magistrate) who hears the case, and you will have a chance to have your say about this issue. However, in most tribunals, each party is responsible for their own costs, regardless of the outcome of the hearing, except in very specific circumstances. For more information, see ‘Legal costs of the other party’ under ‘Representing yourself in a civil case’, below. Preparing to present your case and your evidence Your effectiveness at a court or tribunal hearing depends on your ability to recall, and clearly state,