Self-Represented Litigant

Family Law

What is a Self-Represented Litigant (SLR)

An SLR is a person who does not have legal representation in the court, and they are representing themselves. Being a SLR is not easy, and it can be very stressful, especially the first steps. Before deciding to represent yourself, you need to consider if you have the time, resources to prepare for your matter and have the necessary skills.

One of the first things you need to do is gain some knowledge of the Family Law Act 1975 (Commonwealth). To assist you, and save you time, we have included a table of the main sections of the Family Law Act 1975 (Commonwealth) you need to know and why.

4	Interpretation of key words used in the Family Law Act. For example: “Australia” includes Norfolk Island.
60CA	Child’s best interests paramount consideration in making a parenting order.
60CC	How a court determines what is in a child’s best interests.
60CD	How the views of a child are expressed.
60CA	Child’s best interests paramount consideration in making a parenting order.
61DAA	CEffect of parenting order that provides for joint decision – making about major long – term issues.
65DAAA	Sets out when a final parenting order can be reconsidered by a court and codifies the common law rule in Rice v Asplund (1979). Do not confuse with 65DAA which has been removed.
71B	Compels full and frank disclosure in respect of financial or property matters of the marriage.
72	Right of spouse to maintenance.
75(2)	Factors that the Court may take into account in deciding how to distribute property. Also used to determine a spousal maintenance order.
79	Alteration of property interests (if married).
90SM	Alteration of property interests (de facto).
118	Cost orders.

Important

There have been many recent changes to the Family Law Act 1975. Do not rely on old cases or what your friends told you about going to court, especially concerning section 65DAA (required courts to consider making an order that the child spend equal time, or substantial and significant time, with each parent).

You should seek legal advice. A lawyer understands how the legal system works. They can help you understand your legal rights and responsibilities and can explain how the law applies to your case.

How we can assist a Self-Represented Litigant (SLR)

Wiltshire and Wroughton offer unbundles legal services to assist Self Represented Litigants with their matter. This means that you only pay for what you need, such as an affidavit, financial statement or assistance drafting court orders. We can also assist with Contraventions.

This assistance can be just offering initial advice, preparing an affidavit, Financial statement and other related documents.

An initial letter of advice

This letter will provide an honest review of your case based on the facts you have provided. We will also provide an estimated range of out comes that you can expect.

Affidavit

This is a key document where you set out the facts in your case. Your affidavit needs to cover the care of the children, any allegations of domestic violence, drug taking, alcoholism, sexual abuse, financial matters, and any other related matters.

This document is vital to your case and there are technical issues around evidence to consider. Many SLRs struggle to focus on what is relevant to their case and make errors in the form of the evidence submitted. It is vital to your matter that you have a lawyer review your affidavit.

Financial Statement

If your matter involves property such as real estate, cars, superannuation, investment and a business, you will need to file a Financial Statement. The contents of your Financial Statement need to agree with the contents of your affidavit. It seems obvious to say this, but you will be surprised by how many do not. If you are seeking spousal maintenance or your former partner is seeking spousal maintenance from you, this document becomes even more important.

Application and Response

These documents are where you put the orders that you are seeking. Normally you ask for interim and final orders for parenting and financial matters. Interim orders are temporary orders while the Court makes its decision. They are usually made when there is an urgent issue that needs action while the court process is going on.