Representing yourself in a civil case
While you may want to represent yourself in a civil case before a court or tribunal – or you may not have another option – there are important issues to consider.
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In civil cases heard in courts and some tribunals, the losing party is likely to be ordered to pay the legal costs of the successful party. In some situations (especially in the Magistrates’ Court), these legal costs can be much more than the amount involved in the dispute.
Therefore, before deciding to pursue a case in court, you should try to get objective legal advice on the strength or ‘merit’ of your case; that is, how likely you are to be successful in getting an outcome that benefits you. Pay close attention to any legal advice that you receive as you may be refused free legal assistance because the lawyer advising you believes your case has no merit (i.e. you are likely to lose the case).
Victorian Civil and Administrative Tribunal: Costs
VCAT generally does not award costs except in the specific circumstances outlined in the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (s 109). The circumstances where costs will be awarded by VCAT tend to involve a party causing delays unreasonably or conducting the case in an unfair or inappropriate way.
Administrative Review Tribunal: Costs
The Social Services and Child Support Division of the ART is a cost-free jurisdiction, meaning the tribunal has no power to award costs, and each party is expected to pay their own costs.
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The procedures and rules used by different courts and tribunals vary significantly in civil matters. For information about a court or tribunal’s procedures and rules, visit the website of the relevant court or tribunal.
Representing yourself in a civil case
Chapter: 2.2: Representing yourself in court
Contributor: Alice Meredith, Senior Lawyer, Victoria Legal Aid, and Thea Casey, Barrister
Current as of: 1 September 2024
Law Handbook Page: 66
Next Section: Representing yourself in a family law case
