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Legal Advice

10 Tips for Self-Represented Litigants in Family Court

Going to court without a solicitor? These practical tips will help you present your case effectively and avoid common mistakes.

Splitifi Team8 December 202411 min read

1. Know the Rules

Court Rules

Familiarise yourself with:

  • Federal Circuit and Family Court Rules
  • Practice Directions
  • Court forms and procedures

    Where to Find Them

    - FCFCOA website

  • Registry staff (can answer procedural questions)
  • Self-help resources

    2. Be Organised

    Documents

    - Keep copies of everything

  • Organise chronologically
  • Index your documents
  • Bring multiple copies to court

    Timelines

    - Note all deadlines

  • Calendar important dates
  • File documents on time

    3. Focus on the Law

    What Matters

    Courts decide based on law, not emotions. Focus on:

  • Relevant legal principles
  • Evidence supporting your case
  • What the legislation says

    What Doesn't Help

    - Attacking your ex personally

  • Ancient history unrelated to the issues
  • What you think is "fair" vs what the law says

    4. Present Evidence Properly

    Written Evidence

    - Must be in affidavit form (sworn statement)

  • State facts, not opinions
  • Be specific about dates and events

    Documentary Evidence

    - Attach to affidavits

  • Only include relevant documents
  • Explain what each document shows

    5. Be Respectful in Court

    To the Judge/Registrar

    - Address as "Your Honour" (Judge) or "Registrar"

  • Stand when speaking
  • Don't interrupt

    To the Other Party

    - Don't speak directly to them

  • Address through the judge
  • Stay calm no matter what they say

    6. Prepare for Hearings

    Before the Day

    - Review all documents

  • Plan what you'll say
  • Anticipate arguments against you
  • Prepare questions for cross-examination

    On the Day

    - Arrive early

  • Dress respectfully
  • Bring all documents
  • Have water and notes

    7. Use Available Resources

    Free Help

    - Duty lawyer services (at court)

  • Legal Aid advice lines
  • Community legal centres
  • Self-represented litigant coordinators

    Paid Help

    - Unbundled legal services (lawyer for specific tasks)

  • Document review services

    8. Keep Records

    Document everything:

  • Court dates and outcomes
  • Conversations (date, time, substance)
  • Compliance or non-compliance by other party
  • Your children's situation

    9. Consider Settling

    Why Settle

    - Court is expensive (time, stress)

  • Outcomes uncertain
  • You control the outcome in settlement
  • Better for children

    How to Settle

    - Attend FDR genuinely

  • Consider mediation
  • Make reasonable offers
  • Focus on interests, not positions

    10. Know When to Get Help

    Consider getting a lawyer if:

  • The matter is complex
  • High-value assets involved
  • Serious allegations (violence, abuse)
  • You're overwhelmed
  • The other party has a lawyer

    Even limited advice can be valuable.

  • Ready to Take Action?

    Use our free tools to understand your situation and plan your next steps.

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