Self-Represented Litigant
Self-Represented in Family Court
Navigate the Federal Circuit and Family Court of Australia without a solicitor. Understand your rights, court procedures, McKenzie Friends, and the support available to you.
35%+
Parties Self-Represented
Free
Duty Lawyer Service
FCFCA
Federal Court System
This guide provides general educational information about self-representation in Australian family law proceedings. For advice specific to your situation, speak to a solicitor, Legal Aid, or a Community Legal Centre.
What Does It Mean to Be Self-Represented?
A self-represented litigant (SRL) is a person who appears in court without a solicitor or barrister representing them. In the Federal Circuit and Family Court of Australia (FCFCA), SRLs are extremely common — in some registries, more than half of all parties are unrepresented at some stage of their proceedings.
Being self-represented does not mean the court will make allowances for you in terms of the law. You are expected to comply with all procedural rules, filing deadlines, and evidence requirements. What the court will do is explain procedures and forms to you in plain language, and Judges will often take more time to ensure you understand what is happening at each stage.
The most common reasons people represent themselves include: inability to afford a solicitor, a matter that is straightforward in nature, a breakdown in the solicitor relationship, or a deliberate strategic choice to control costs. Whatever your reason, being well-prepared is the single most important factor in how your matter proceeds.
The Family Court Process Step by Step
Understanding what happens at each stage helps you prepare the right documents at the right time.
1
Before You File
For parenting matters, you must attempt Family Dispute Resolution (FDR) and obtain a Section 60I certificate before the court will accept your application. For property matters, you should make genuine attempts to negotiate. Consider getting legal advice about whether you have a strong case before spending money on court proceedings.
2
Filing Your Application
Download the correct form from the FCFCA website (federalcircuitandfamilycourt.gov.au). Complete every section carefully. File at your nearest registry in person or online. Pay the filing fee ($990 standard; $330 reduced fee for hardship). Keep certified copies for yourself.
3
First Court Date
Your first hearing is typically a Directions Hearing where procedural orders are made. The Judge will not usually decide your case at this point. You will be told what documents to file and by when. This is a good time to use the Duty Lawyer service if you have questions.
4
Interim Hearings
If urgent orders are needed (e.g., children's living arrangements), an interim hearing may be scheduled. You will need an Affidavit setting out your evidence and what orders you're seeking. Be concise and factual — not emotional. Judges read hundreds of affidavits.
5
Conciliation Conference / Mediation
Many matters are referred to a Registrar-led conciliation conference to attempt resolution without a trial. Prepare as you would for any negotiation. Bring a list of what you want and what you can compromise on. If agreement is reached, consent orders can be made on the day.
6
Trial (if needed)
If no agreement is reached, the matter proceeds to trial. You'll need to file a Trial Affidavit, a Financial Statement (if property), and prepare for cross-examination. This is the most complex part of self-representation — seriously consider getting even limited assistance from a solicitor for trial.
McKenzie Friends — Getting Help Without a Solicitor
A McKenzie Friend is a person who assists you in the courtroom without formally representing you. The term comes from a 1970 English case, McKenzie v McKenzie, and is recognised in Australian courts. Using a McKenzie Friend can reduce the isolation of self-representation significantly.
- A McKenzie Friend is a person who assists a self-represented litigant in court
- They can sit beside you, take notes, and quietly advise you during proceedings
- They cannot speak for you, examine witnesses, or address the court
- They must have permission from the Judge to be present in the courtroom
- Typical McKenzie Friends include a trusted friend, family member, or paralegal
- A McKenzie Friend who charges for their services must disclose this to the court
- Using a McKenzie Friend does not make you "legally represented" in the court's eyes
If your McKenzie Friend charges money for their services, they must disclose this to the court. The Judge may refuse to allow a paid McKenzie Friend if they believe it is not in the interests of justice. Be cautious of people who hold themselves out as 'McKenzie Friend professionals' — always confirm their credentials.
6 Rules Every Self-Represented Litigant Must Know
Deadlines Are Critical
Court deadlines in the FCFCA are strict and generally non-negotiable. Missing a filing deadline can result in your documents being rejected, adverse orders being made, or you needing special permission to file out of time. Set reminders well in advance.
Evidence Rules Apply to You Too
You are held to the same rules of evidence as a solicitor. Hearsay statements, personal opinions without expertise, and irrelevant material will often be excluded or given little weight. Learn what "admissible evidence" means before your first hearing.
Proper Court Behaviour
Address the Judge as "Your Honour" or the Registrar as "Your Honour" or "Registrar". Stand when speaking and when the Judge enters or leaves. Be respectful to the other party, their solicitor, and all court staff regardless of how you feel.
Full Disclosure Is Mandatory
You have an ongoing duty to provide full and frank disclosure of all relevant financial information. This is not optional. Deliberately withholding information can result in orders being set aside, cost orders against you, or contempt proceedings.
File All Documents Correctly
Documents must be in the correct format, with proper court headings, signed where required, and filed in the correct registry. The court will reject incorrectly formatted documents. Download templates from the FCFCA website.
Never Communicate Directly About Legal Matters
Once proceedings are on foot, be very careful about communications with the other party. Do not make admissions, threats, or agreements in writing that you haven't considered carefully. These can be used as evidence against you.
Free Support Services for Self-Represented Litigants
Duty Lawyer Service
Free legal advice at court on your hearing day from accredited solicitors. Available at most FCFCA registries on a first-come, first-served basis.
Court Registry Staff
Registry staff can explain procedural requirements and direct you to forms — but they cannot give legal advice about your specific case.
Family Relationships Advice Line
1800 050 321 — Free counselling, legal referrals, and information about court processes. Available 8am–8pm Mon–Fri and 10am–4pm Sat.
Legal Aid
Means-tested legal assistance available in each state. Eligibility is based on income and the nature of your case. Apply early — there can be waiting lists.
Community Legal Centres
Free or low-cost legal advice from community organisations. Many specialise in family law. Search the National Association of Community Legal Centres directory.
Law Society Referrals
Each state Law Society can refer you to a family law solicitor. Many offer a free or reduced-cost first consultation to assess your situation.
Frequently Asked Questions
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Related Pages
Financial Disclosure
Evidence Organiser
FDR Preparation
Property Settlement
Australian Guides
Tip: Unbundled Legal Services
You don't have to choose between full representation and going it completely alone. Many solicitors offer "unbundled" services — reviewing your affidavit, advising on strategy, or appearing at one specific hearing. This can cost as little as $300–$500 and significantly improve your position.
Prepare Your Case with Confidence
Splitifi organises your evidence, tracks court deadlines, and generates organized document bundles. Join thousands of Australians navigating family law.