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Unrepresented litigants in Australian criminal and civil courts
Member rating: No Rating | Words: | Submitted: Tue Jun 20 2006
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EQUAL ACCESS TO JUSTICE: Unrepresented litigants in Australian criminal and civil courts Introduction Section 78 of the Judiciary Act 1903 (Cth) states that 'in every court exercising federal jurisdiction the parties may appear personally.'1 While this creates the right for litigants to represent themselves, evidence suggests that barriers to obtaining representation can deny access to justice. Recently, (and markedly since 1997), the proportion of unrepresented litigants in both civil and criminal courts in Australia has risen.2 Studies examining whether this is due to barriers to obtaining representation, as well as the experiences of those involved in the system, show that inequality is increasing. Why are there unrepresented litigants? Fifty-four per cent of unrepresented litigants interviewed in a recent survey of the Family Court replied that the main reason they did not have a lawyer was either their inability to pay for representation, or the unavailability or termination of legal aid. 3 Research conducted by the Australian...
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