Key topics
Representing yourself
FAQs
Should I represent myself in court?
We always advise people that it is best to have a lawyer if you are taking court, but we know that some people either can’t afford representation or have had such poor legal support in the past that they end up conducting their own case in court. Our Guide will help you LINK and we may also be able to link you with a lay supporter LINK. It is also worth trying to find a lawyer who can comment on what you are putting on the court papers before submitting them. There will be a cost for this service, but it costs far less than full representation and can help you avoid making errors in the way you present your case.
What should I do to prepare for a proof hearing?
Proof hearings, in which both sides present evidence in support of their case, only happen in a small proportion of family court cases, when agreement cannot be reached. Obtaining sworn affidavits from your witnesses and ensuring that all relevant information is lodged with the court are important parts of the preparation. If you are representing yourself you need to prepare questions for witnesses. Our guide to representing yourself in the family court covers this topic in more detail.
Is a writ the first letter?
The form that is submitted to court to start a case is called a writ. Subsequent court forms are called “motions” or “minutes to vary”. The initial writ consists of a note of what you are asking the court to decide (craves), background to why this is necessary (condescendence) and a statement of which laws you are using to make this request (pleas in law). See our guide to representing yourself {LINK}.