Federal
Court and Queensland Lawyers cooperate to establish new
scheme (19 May 1999)
The Federal
Court of Australia, the Bar Association of Queensland
and the Queensland Law Society have cooperated to establish
a new scheme to assist unrepresented litigants in some
of the special areas of the Court’s work.
These include
migration, administrative law and bankruptcy.
The scheme
relies upon the willingness of the lawyers to volunteer
to provide free legal assistance when cases are referred
to the scheme by the judge. Some 60 Queensland barristers,
many of them senior members of the Bar, and solicitors
from a steering committee, have already volunteered to
take part. The Queensland Law Society is now approaching
the wider profession in South-East Queensland inviting
solicitors to participate in the scheme.
The scheme
is not intended 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 try to
arrange free representation by a lawyer who has volunteered
to take part in the scheme. The representation would generally
be by a specialist in the relevant area.
The scheme
is not intended to operate in a large number of cases
but is intended to assist in 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 Queensland organisations for
their support for the scheme, which he said, was regulated
by a new rule of Court.
“This is a very good
example of the way in which the Queensland Bar Association
and the Queensland Law Society are prepared to donate
their time in the public interest. I hope their generosity
will be widely appreciated.”
The Queensland
initiative is an important link in a scheme that is expected
to operate nationally. It has the full support of the
Law Council of Australia, the peak body representing lawyers.
Media Contact:
Bruce
Phillips (03) 8600 3270, 0419 341 506. Dan
O’Connor, Bar Association of Queensland (07)
3236 2477 Daphne McKenzie, Queensland
Law Society (07) 3842 5867
