T A SK 1 P A RT A - Lecture notes 10 PDF

Preview

Summary

notes...

Description

UTS:Law Assignment Cover Sheet for Online Submissions Instructions for students: 

Please complete and include this cover sheet when submitting online assignment.



The cover sheet should become page 1 of your assignment – do NOT submit this coversheet as a separate document to your assignment.



Please note that by submitting this form you are agreeing to the following ACADEMIC HONESTY DECLARATION:

ACADEMIC HONESTY DECLARATION



I confirm that I am aware of the University rules regarding plagiarism and academic misconduct.



I confirm that this assignment is entirely my own work and I have not previously submitted any part of it for assessment at UTS or any other institution.



I confirm that I have read and understood the current version of the UTS:Law Guide to Written Communication.

STUDENT DETAILS (to be completed by student) Student Number:

13955341

Family Name:

Mesiha

Given Name(s):

Kirollos

Subject Number:

70103

Subject Name:

Ethics Law and Justice

Subject Coordinator:

Bronwyn Olliffe

Word Count:

315

Date of Submission:

1

‘Unless they have been found to be a vexatious litigant, everyone has the right to represent themselves in Court.’

Critically analyse the reasons why people represent themselves in Court. The statement ‘Unless they have been found to be a vexatious litigant, everyone has the right to represent themselves in court’ displays justice being served to parties involved as it reduces unnecessary delay or burden in the court process aiming to deliver a convenient court experience. Under the Judiciary Act 1903 (Cth) s 77RL vexatious proceedings include ‘a proceeding conducted in a court or tribunal in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose’.1 All parties involved in court in either civil or criminal matters have the right to be Self Represented Litigants (SRLs), however, if they were to impose any hindrance to the court process and be considered a ‘vexatious litigant’ they should not have the right to be SRLs.

Under the Criminal Procedure Act 1986 (NSW) s 36(1) litigants have the right to represent themselves in court, and many litigants choose to do so for various reasons.2 A prime reason is not being unable to qualify for legal aid due to them not meeting the requirements of the merit test. Another factor can be the legal costs, such as the fees required to obtain a lawyer can be expensive for litigants. Legal representatives may not be willing to stand for litigants and may appear to be dishonest individuals. Litigants find it inefficient to engage in legal representation fees if the fees may outweigh the compensation provided by having the court decision in their favour. Courts are also providing handbooks, educational websites, and interpreted court forms to assist SRLs in the

1 Judiciary Act 1903 (Cth) s 77RL 2 Criminal Procedure Act 1986 (NSW) s 36(1)

2

preparation of their cases, this can be a factor for litigants representing themselves in court as they have a deeper understanding of the court process and find a limited need for legal representation. Overall, litigants are either reluctant or unable to receive legal representation and are being educated by the NSW Guidelines to understand the court process. 3

3 Ainslie Lamb, John Littrich and Karina Murray, Lawyers In Australia (Federation

Press, 2019, 4th ed). 372-378

3...