Law Council Welcomes Federal Court’s Litigants in Person Practice Note Initiative
13 November 2025
On 11 November 2025, the Law Council provided a submission to the Federal Court of Australia on a proposed Practice Note for Litigants in Person (LIPs). The Practice Note is being developed to assist self-represented parties and streamline processes in the Federal Court as part of the Federal Court’s Litigants in Person and Pro Bono Project.
The Law Council’s submission recognises the growing number of litigants appearing without legal representation and the challenges this presents both for individuals and the Court. The Law Council notes that while many LIPs represent themselves due to financial or eligibility constraints, others do so because of limited understanding of legal processes or changes in their legal representation. The Practice Note can play a crucial role in ensuring proceedings are fair, efficient, and comprehensible.
A key recommendation is that the Practice Note should prioritise diversion towards legal assistance by encouraging LIPs to seek legal advice or representation before commencing proceedings. This includes clearly outlining the low- or no-cost legal services that may be available and explaining the risks of proceeding unrepresented. The Law Council also advocates for guidance on non-legal supports, such as interpreter services and mental health assistance, developed in consultation with relevant stakeholders.
The submission strongly supports setting out explicit expectations for conduct and responsibilities. The Practice Note should make clear that litigants must only commence proceedings with an arguable legal basis, comply with court orders, and refrain from abusive or obstructive behaviour. Clear communication protocols and an explanation of costs risks—including adverse costs orders and potential findings of contempt—are also essential.
The Law Council makes several recommendations on case management, including clear explanations of procedural versus substantive hearings, and simple examples of common filing issues, such as differentiating between service and filing or understanding what constitutes legal error. The Law Council suggests a more structured, front-end case management process to help narrow disputes early and enhance clarity for LIPs, the legal profession, and the Court.
Accessibility is another major focus of the submission. The Law Council proposes that the Practice Note explains the natural progression of a case, use plain, non-technical language, and be supported by visual resources like flowcharts or short videos. Translation into multiple languages, particularly given the prevalence of migration and administrative cases, would further enhance accessibility.
Finally, the Law Council raises growing concerns over artificial intelligence (AI) use by LIPs. It urges the inclusion of clear guidance on the limits of AI-generated material, verification and disclosure requirements, and the consequences of misleading the Court.
Last Updated on 11/11/2025
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