Does self-representation impact upon content of procedural fairness?

Federal Court. Is the fact that an applicant is self-represented before the Tribunal a relevant circumstance which impacts the question of the fairness of the procedure adopted by the Tribunal?

Some of the questions to the Federal Court (FCA) were as follows:

Question 1: Is the fact that an applicant is self-represented before the Tribunal a relevant circumstance which impacts the question of the fairness of the procedure adopted by the Tribunal?

Question 2: Can it be said that what the Tribunal must do to assist a self-represented litigant "depends on the litigant, the nature of the case, and the litigant’s intelligence and understanding of the case"?

The FCA answered those questions as follows:

The remainder of this article is only available to Case Law and Platinum subscribers.

Read our Terms & Conditions and upgrade below:

Monthly Subscriptions

Premium
Basic Content
Premium Content
-
-
$ 29 /month
Subscribe
Case Law
Basic Content
-
Case Law Content
-
$ 49 / month
Subscribe
Platinum
Basic Content
Premium Content
Case Law Content
Save $ 9 / month
$ 69 / month
Subscribe

Annual Subscriptions

Premium
Basic Content
Premium Content
-
Save $ 49 / year
$ 299 / year
Subscribe
Case Law
Basic Content
-
Case Law Content
Save $ 89 / year
$ 499 / year
Subscribe
Platinum
Basic Content
Premium Content
Case Law Content
Save $ 237 / year
$ 699 / year
Subscribe

 

Where GST applies, the above amounts are inclusive of GST.

Content Types

Basic Content includes basic news, some media articles and selected announcements.

Premium Content includes all our content, except for Case Law Content. In other words, it includes Basic Content, plus all our articles on legislative and policy changes, industry updates and the Migration Legislation Tracker.

Case Law Content includes Basic Content, plus case law summaries, analysis and extract, but does not include Premium Content.

Platinum Content includes Basic Content, plus Premium Content, plus Case Law Content. In other words, it includes ALL our content.

If you already have a Case Law or Platinum subscription, click on 'Login' below.

Previous articleBridging visa conditions and other measures
Next articleIs indefinite detention lawful?