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Working with Self Represented Litigants

Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

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Page 1: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

Working with Self Represented Litigants

Page 2: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

Self Representation Service (QCAT)

CLCNSW 2010 State Conference

Page 3: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

QPILCH

Queensland Public Interest Law Clearing House: Non-profit community legal service Partnership – law firms, barristers,

QLS, law schools, CLCs Legal referral agency Direct assistance services – HPLC,

RCLC, SRS

Page 4: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

Self Representation Service (Courts) Service in Brisbane District and

Supreme Courts and Qld Court of Appeal established in late 2007.

Established to meet recognised need – a public interest issue

Continuing success of Service is clear

Page 5: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

Measurement of success at Courts Assistance to clients

213 District and Supreme Court matters 17 Court of Appeal matters

Benefit to the Courts “The decrease in civil self-represented litigants may be

partly attributed to the QPILCH Self-Representation Service which became operational in December 2007. Cases involving self-represented litigants sometimes take longer to hear and determine because the standard of preparation and presentation can be poor and the litigants may be unable to articulate clearly the real points of the case.” President of the Court of Appeal, Supreme Court 2007 – 2008 Annual Report.

Page 6: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

Self Representation Service (QCAT) Similar service, slightly different impetus. Large multi-jurisdictional tribunal

conducts matters in a way that is “accessible, fair, just, economical, informal and quick”.

Estimated 35,000 people involved in proceedings each year.

Outcome of proceedings will often have serious consequences on the welfare, dignity and daily living of people involved.

Page 7: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

Who? Where? How?

Eligibility for assistance: Means Merit

Qld Courts Complex and QCAT Office space Interview room

Appointment based Applications for assistance received and

assessed Appointments made and files created

Page 8: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

Scope of Service

Discrete task assistance to assist people to: understand the law, their legal rights and the

perspective of the other party and perspective and requirements of Courts/QCAT;

observe Court and QCAT rules and processes; be aware of potential orders and the effect of

not complying with orders; and present their case in the best possible manner.

Page 9: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

Discrete Task Assistance

‘Unbundling’ or discrete task assistance: General counselling and legal advice; Preparation/assistance with drafting

documents; Referrals to other agencies or services. Eg

Legal Aid, specialist services. More than ‘which forms to use’, or

‘what time to appear in court’. Not rocket science!

Page 10: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

Questions?

Page 11: Working with Self Represented Litigants. Self Representation Service (QCAT) CLCNSW 2010 State Conference

QPILCH contacts

QPILCH www.qpilch.org.au

Coordinator: Andrea de SmidtEmail: [email protected]

Solicitor: Allira ThompsonEmail: [email protected]

Paralegal: Sam Boyle Email: [email protected]