Can Anyone Represent You In Court?
In Australia, a person who is a party to legal proceedings may be represented by a lawyer or may represent themselves. In some jurisdictions, where matters are dealt with informally, legal representation is not allowed. In others, such as the Supreme Court and District Court, it is usual to be represented by a lawyer and in some cases, the court may not allow a person to self-represent. This page deals with who may represent you in court in different types of legal matters.
Self-representation
Self-representation is where a person appears in a court or tribunal and puts forward their own case, rather than having a lawyer do this for them.
Self-representation is very common in informal settings, such as at the Fair Work Commission and in the Civil and Administrative Tribunals. In these jurisdictions, it is permissible to have a lawyer representing you, but generally not necessary. This is because the law involved is relatively simple. There are some tribunals that do not allow legal representation.
Self-representation can also occur in the courts. It is common for people to represent themselves when pleading guilty to minor offences in the Magistrates Court or when applying for a domestic violence order. It is also permissible to represent yourself when contesting a matter; however, this is not advised. A contested hearing can involve complex legal issues and is better handled by a barrister or solicitor.
It is not permissible for another person (someone who is not a lawyer) to represent you, or speak on your behalf, in court. If you choose not to have a lawyer, you must speak for yourself in court.
When is self-representation not allowed?
In some criminal cases, where the stakes are particularly high, the judge or magistrate may insist on legal representation – for example, in a case where there is a possibility of a long term of imprisonment.
Courts generally do not allow children to represent themselves in criminal matters, although this may be permitted if the child is close to 18 and the matter is very minor.
In some states and territories, the law forbids an accused to cross-examine an alleged victim of a sexual assault. This means that where a person is pleading not guilty to a sexual offence, they will need to have legal representation.
Representation by a solicitor
Solicitors are legal practitioners who are employed by firms. They are generally responsible for giving legal advice, taking instructions from clients, and preparing paperwork. In some situations, a solicitor may also represent their client in court. This is most likely to occur when the matter is relatively simple – such as a criminal matter in the Magistrates Court. In other cases, when a matter goes to court, the solicitor will brief a barrister to do the court appearance.
Whether a solicitor handles the court appearances in a matter themselves, or whether they brief a barrister, will depend on the following:
- The practices of the solicitor’s firm
- The client’s budget
- The solicitor’s level of experience
- How complex the matter is
- The availability of a suitable barrister.
Representation by a barrister
Barristers are lawyers who run their own business and are briefed by law firms to conduct proceedings in specific matters. A barrister may also be briefed directly by a client, although this is less common. A firm wanting to brief a barrister to appear in a matter will look for a barrister with relevant expertise, as well as availability at the time the matter is in court.
A barrister is responsible for advocating for a client in court, usually on the instructions of a solicitor. They will conduct examination-in-chief and cross-examination, prepare legal arguments, and make submissions. Barristers are most likely to be involved in matters that are complex or contested and in matters that are to be heard in a higher court. Barristers may also appear in the Magistrates and Children’s Courts.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.