Federal
Court and Victorian Bar cooperate to establish new scheme
(30 November 1998)
The Federal
Court of Australia and the Victorian Bar Council have
cooperated to establish a new scheme to assist unrepresented
litigants in some of the specialist areas of the Court’s
work.
These include
migration, administrative law, veterans' and social security
entitlements, human rights and bankruptcy.
The scheme
relies upon the willingness of members of the Bar to volunteer
to provide free legal assistance when cases are referred
to the scheme by the judge. Some 200 Victorian barristers
have already volunteered to take part, many of them senior
members of the Bar.
The scheme
is not intented to replace ordinary legal aid but will
enable a judge to refer a matter for legal assistance
in cases where he or she considers that legal representation
is needed and appropriate in the interests of the administration
of justice.
Once a judge
has made a referral, the Court file and the referral certificate
will be sent to a Court registrar who will then endeavour
to arrange free representation by one of the barristers
who has volunteered to take part in the scheme. The barrister
would generally be a specialist in the relevant area.
The scheme
is not intended to operate in a large number of cases
but is intended to assist with the administration of justice
in cases not presently covered by legal aid and in which
legal representation is needed and appropriate.
Federal Court
Chief Justice, the Hon Michael Black, said today that
his Court, like others, was greatly concerned about the
number of litigants who appear before it without the benefit
of legal representation.
“The Court is constantly
assessing what it can do to improve access. The scheme
is not intended as a substitute for legal aid, but will
provide assistance in some difficult areas of the law
where no assistance is presently available.”
The Chief
Justice congratulated the Victorian Bar for its support
for the scheme which he said would be regulated by a rule
of Court (Order 80) to be introduced within the next few
days.
The Court
is currently speaking with Bar Councils in other states
and also Law Institutes representing solicitors. It is
expected the scheme will ultimately begin operating nationally.
It has the
full support of the Law Council of Australia, the peak
body representing lawyers.
Media Contact:
Bruce
Phillips (03) 8600 3270 or 0419 341 506 David
Curtain, Victorian Bar Council Chairman 0412 375
121 Garrie
Moloney, VBC Hon. Secretary 9608 8383.
