Assistance in Court
If you are going to appear in court and you do not have representation there are three ways in which you may be able to obtain assistance, if you are unable to arrange assistance from Legal Aid or a Pro Bono Referral Scheme or Organisation beforehand:
- Court-based referral schemes – where the court will formally refer you to a legal practitioner to assist you. This assistance may comprise representation but may also be confined to assistance with completing forms or the provision of advice on court processes, for example;
- Duty lawyer schemes – where you can seek advice on the day of your court appearance from the lawyer on duty. The solicitor may go with you into court or may simply provide you with assistance outside of the court, for example, with the completion of forms. Generally, duty solicitors are acting as an assistant to the court rather than your personal legal representative. Extended representation is generally not provided. Before seeing the duty lawyer you should contact the Registrar of the Court to see if you need to make an appointment and/or if the duty lawyer will be available on the day of your court appearance.
- Self-represented litigant schemes – where you can seek assistance from a pro bono referral organisation or other organisation to assist you to prepare for your appearance. This may, include helping you to understand the court procedure and preparing documentation.
Below is a State and Territory based listing of the assistance available to litigants who do not have representation and are attending courts or tribunals in those jurisdictions.
Please note that these services are not available at every Court – you should check with the Registrar or the Clerk of the Court you are attending for further information about the type of assistance available to unrepresented litigants.
- Australian Capital Territory
- New South Wales
- Northern Territory
- Queensland
- South Australia
- Tasmania
- Victoria
- Western Australia
You may also find information of us to you on our pages devoted to Self-Help Legal Information, Legal Aid in Australia, Service for Indigenous Australians, Community Legal Centres or Pro Bono Referral Schemes and Organisations.
Court-based referral schemes
- Federal Court – a court based referral scheme operates at the Federal Court.
Duty lawyer schemes
- Children’s Court – a duty lawyer is available to assist with criminal law matters in the ACT Children’s Court at specific times.
- Family Court – a duty lawyer is available to assist in the Family Court at specific times.
- Magistrates Court – a duty lawyer is available to assist in relation to criminal law matters, interim domestic violence orders and personal protection orders the Magistrates Court at specific times.
- ACAT – a duty lawyer is available to assist clients detained under the Mental Health (Treatment and Care) Act in the ACAT.
Self-represented litigant schemes
- Federal Court and Federal Circuit Court – Justice Connect operates a self-represented litigant scheme in the Federal Court and the Federal Circuit Court.
Court-based referral schemes
- Supreme Court – a court based referral scheme operates in the Supreme Court of NSW.
- District Court – a court based referral scheme operates in the District Court of NSW.
- Federal Court – a court based referral scheme operates at the Federal Court.
Duty lawyer schemes
- Local Court – a duty lawyer is available to assist at all Local Courts in NSW in relation to criminal law matters, Centrelink charges, driving and traffic offences and where there is a real risk of imprisonment. Duty lawyers are also available to assist at some local courts for family law and child support. A duty lawyer is always available for care and protection matters. You may need to ask the court staff to contact the lawyer on duty.
- Children’s Court – a duty lawyer is available to assist in relation to criminal and care and protection matters at the Children’s Court.
- Family Court – duty lawyers are available to help at the Parramatta, Sydney and Newcastle registries of the Family Court.
- Federal Circuit Court – to find out if a duty lawyer will be available to assist at the Federal Circuit Court please contact Legal Aid.
- Administrative Appeals Tribunal (AAT) – a duty lawyer is available to assist with Centrelink matters at specific times at the AAT. It is necessary to make an appointment
- NSW Civil and Administrative Tribunal (NCAT) – a duty lawyer is available at the NCAT Sydney registry to assist with discrimination matters at specific times. It is necessary to make an appointment.
- District Court – a duty lawyer is available to assist at some District Courts with a first appearance for an appeal matter only.
- Mental Health Review Tribunal – a duty lawyer is available to assist with Involuntary Patient Orders, Community Treatment orders, Protected Estates Act orders and Appeals against detention at the Mental Health Review Tribunal.
- Parole Authority – a duty lawyer is available to assist with Parole Hearings, Revocation hearings, reviews of segregation directions and visiting Magistrate Proceedings at the Parole Authority.
- Supreme Court – a duty lawyer is available to assist with mortgagee repossession cases at the Supreme Court.
Self-represented litigant schemes
- Federal Court and Federal Circuit Court – Justice Connect operates a self-represented litigant scheme at the Federal Court and the Federal Circuit Court.
Court-based referral schemes
- Federal Court – a court based referral scheme operates at the Federal Court.
Duty lawyer schemes
- Magistrates Court – a duty lawyer is available to assist at the Magistrates Court in Darwin and Alice Springs. Duty lawyers are also regularly available in Katherine and Tennant Creek.
- Family Court – a duty lawyer is available to assist at the Family Court.
Self-represented litigant schemes
- Federal Court and Federal Circuit Court – JusticeNet SA operates a self-represented litigant scheme at the Federal Court and Federal Circuit Court.
Other assistance
- Supreme Court – the Supreme Court has prepared two guides, civil and criminal, to assist self-represented litigants in the NT Supreme Court.
Court-based referral schemes
- Federal Court – a court based referral scheme operates at the Federal Court.
Duty lawyer schemes
- Magistrate’s Court and Children’s Court – Legal Aid Queensland coordinates duty lawyers for criminal matter in over 100 Magistrates and Children’s Courts in Queensland
- Family and Federal Circuit Court – a duty lawyer is available to assist with family law matters at the Family Court and the Federal Circuit Court.
Self-represented litigant schemes
- District Court of Queensland – the Queensland Public Interest Law Clearing House operates a self-represented litigant service in these courts.
- Supreme Court of Queensland and the Queensland Court of Appeal – the Queensland Public Interest Law Clearing House operates a self-represented litigant service in these courts.
- Queensland Civil and Administrative Tribunal (QCAT) – the Queensland Public Interest Law Clearing House operates a self-represented litigant service in these courts.
- Federal Court and Federal Circuit Court – the Queensland Public Interest Law Clearing House operates a self-represented litigant service in these courts.
Court-based referral schemes
- Federal Court – a court based referral scheme operates at the Federal Court.
Duty lawyer schemes
- Magistrates and Youth Courts – a duty lawyer is available to assist at the Magistrates and Youth Courts in relation to criminal matters at specific locations.
- Family Court– a duty lawyer is available to assist at the Family Court.
Self-represented litigant schemes
- Supreme Court of South Australia – JusticeNet SA operates a self-represented litigant scheme at the Supreme Court.
- Federal Court and Federal Circuit Court – JusticeNet SA operates a self-represented litigant scheme at the Federal Court and Federal Circuit Court.
Court-based referral schemes
- Federal Court – a court based referral scheme operates at the Federal Court.
Duty lawyer schemes
- Magistrate’s Court – a duty lawyer is available to assist with bail applications at the Magistrate’s Court.
- Family Court – a duty lawyer is available to assist at the Family Court.
Self-represented litigant schemes
- Federal Court and Federal Circuit Court – Justice Connect operates a self-represented litigant scheme operates at the Federal Court and the Federal Circuit Court.
Court-based referral schemes
- Federal Court – a court based referral scheme operates at the Federal Court.
Duty lawyer schemes
- Magistrate’s Court, Children’s Court, Koori Court, County Court, State Coroner’s Office and Justice Centres – a duty lawyer is available to provide assistance at specific locations.
- Family Court – a duty lawyer is available to provide assistance at specific locations.
- Federal Court and Federal Circuit Court– a duty lawyer is available to assist at specific locations.
Self-represented litigant schemes
- Federal Court and Federal Circuit Court – Justice Connect operates a self-represented litigant scheme at the Federal Court and Federal Circuit Court.
Other self-representation resources
- County Court – the County Court has prepared a guide for self-represented litigants attending the County Court.
- Supreme Court – the Supreme Court has prepared a number of helpful guides for self-represented litigants and also has a Self-represented litigant coordinator who can provide guidance on court procedures.
Court-based referral schemes
- Federal Court – a court based referral scheme operates at the Federal Court.
Duty lawyer scheme
- Magistrates and Children’s Courts – a duty lawyer is available to assist with criminal matters at most Magistrates and Children’s Courts.
- Family Court– a duty lawyer is available to assist at the Family Court in WA.
Other self-representation resources
- Legal Aid Western Australia – solicitors and paralegal advisers are available to assist people to handle their own legal matters including document preparation and letter writing.
- Family Court – the Family Court in WA has created a self-represented litigants handbook.