Federal
Court and Tasmanian Bar Association co-operate to establish
new assistance scheme (5 August 1999)
The Federal
Court of Australia and the Tasmanian Bar Association have
co-operated to establish a new scheme to assist unrepresented
litigants. The Court’s work includes trade practices,
migration, administrative law, veterans' and social security
entitlements, human rights and bankruptcy.
The scheme
relies upon the willingness of members of the legal profession
in Tasmania to volunteer to provide free legal assistance
when cases are referred to the scheme by the judge. A
number of Tasmanian practitioners have already volunteered
to take part.
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.
Assistance
in a case may be for general representation or for a more
limited purpose such as advice or the preparation of a
legal document.
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 practitioners
who has volunteered to take part in the scheme. The practitioner
would generally be a specialist in the relevant area.
Federal Court
Chief Justice, the Honourable Michael Black AC, 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 Tasmanian Bar Association for
its support for the scheme which he said would be regulated
by a rule of Court.
The Court
is currently speaking with Bar Councils in other States
and also Law Institutes representing solicitors. The scheme
is now operating in New South Wales, Queensland, Victoria
and Tasmania and it is expected that the scheme will ultimately
operate in the other States and Territories.
It has the
full support of the Law Council of Australia, the peak
body representing lawyers.
Media Contact:
Bruce
Phillips, Federal Court Director, (03) 8600 3270 or 0419 341 506. Stephen
Holt, President, Tasmanian Bar Association (03)
6235 9111
