The Law Handbook 2024

86 Section 2: Getting help free jurisdiction, meaning the tribunal has no power to award costs and each party is expected to pay their own costs. Rules and procedures The procedures and rules used by different courts and tribunals vary significantly in civil matters – for information about a court or tribunal’s procedures and rules, visit the website of the relevant court or tribunal. Representing yourself in a family law case Some types of family law cases are straightforward and self-representation should be manageable in these cases. However, other family law cases are more complex and it is important to access whatever legal help you can. Applying for a divorce: Finding the information you need Information is available from the court to help manage straightforward applications for divorce (e.g. where the divorce application is not contested by the other party and no children are involved). The Federal Circuit and Family Court of Australia’s website (www.fcfcoa.gov.au) has a resources page for self-represented litigants. (Also see Chapter 4.1: Marriage and divorce.) Many community legal centres provide at least initial advice about handling your own divorce proceedings. VLA publishes extensive self-help resources online that are related to divorce and family law more broadly, including detailed guides to the rules and procedures for different types of family law cases. Resources are published in English and several community languages. The Federal Circuit and Family Court of Australia provides online e-filing for couples and sole applicants applying for a divorce. You must pay a fee to lodge a divorce application, even if it is straightforward. The fees are listed on the court’s website. Fee reductions are available in some circumstances. Legal advice When your relationship has broken down, it can be difficult to deal with your ex-partner in court, particularly if they have legal representation and you do not. Where family violence is alleged, there are rules about one or both parties having legal representation for atc least some of the hearing, to prevent a victim-survivor being cross-examined by the alleged perpetrator. It is strongly advised that you seek legal advice if the family law matter is complex (e.g. if there are disagreements about the care of children or the division of property, and where family violence has occurred). If you can’t afford to hire a lawyer, contact your nearest community legal centre (search at: www.fclc. org.au/find_a_community_legal_centre) and/or call VLA’s legal helpline (tel: 1300 792 387) to see what free legal advice you can receive. However, note that obtaining free full legal representation in family law matters is limited in Victoria, and is not usually available in matters solely concerning property disputes. VLA publishes detailed resources for self- represented parties in family law cases; these are available online at www.legalaid.vic.gov.au. Contacts Administrative Appeals Tribunal (AAT) Level 4, 15 William Street, Melbourne Vic 3000 Tel: 1800 228 333 Web: www.aat.gov.au Federal Circuit and Family Court of Australia Melbourne CBD location: Commonwealth Law Courts Building 305 William Street, Melbourne Vic 3000 Tel: 1300 352 000 Email: enquiries@fcfcoa.gov.au Web: www.fcfcoa.gov.au Federation of Community Legal Centres Level 3, 225 Bourke Street, Melbourne Vic 3000 Tel: 9652 1501 Email: administration@fclc.org.au Web: www.fclc.org.au