Family Court: non-lawyer appearing for party
Sunday February 22, 2009

Family Court: non-lawyer appearing for party

Sunday, February 22, 2009

In the Full Court of the Family Court case of Batey-Elton and Elton (No.2), Ms Batey-Elton sought that a Mr B appear for her on the appeal. Mr B was not a lawyer.

The Full Court dismissed the request. Justice Warnick (who gave the lead judgment) stated that the reasons were:

  1. advocates or speakers on behalf of litigants should be legal practitioners who are subject to all of the strictures and obligations that apply to them. Mr B does not fit into that category.
  2. in an extraordinary case a non-lawyer might be permitted to speak on behalf of a litigant but this was not an extraordinary case.
  3. Ms Batey-Elton is able, in effect, to present and support her application. What she anticipates not being able to deal with, are responses. We do not yet know whether any response will be called for or whether it will contain any matter of some nature which troubles Ms Batey-Elton.
  4. Mr B is a deponent in the very application in which Ms Batey-Elton seeks that he speak, effectively in the role as advocate, and I have in mind the nature of the matters about which he deposes.
  5. there is no medical certificate supporting what Ms Batey-Elton claims.

Stephen Page, Harrington Family Lawyers, Brisbane spage@harringtonfamilylawyers.com 61(7) 3221 9544

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen
Mexico Surrogacy 2026: New Court Rulings, AMPARO Orders & Timeline Changes

Mexico Surrogacy Update: New Court Rulings Change Everything

Mexico has long been on many Australian intended parents’ lists for surrogacy. It offered a path that, for years, was relatively fast compared with some other jurisdictions. But Mexico is not standing still. Recent decisions from the Mexican Supreme Court of Justice have significantly reshaped how surrogacy is handled through the courts, and those legal… Read More »Mexico Surrogacy Update: New Court Rulings Change Everything

Colombia Surrogacy Update: The Bill That Died

Colombia Surrogacy Update: The Bill That Died

Planning surrogacy in Colombia can feel like navigating two legal systems at the same time. There is what Colombia does (or decides not to do). And there is what Australian law requires of intended parents, even when the arrangement happens overseas. A recent development in Colombia matters because it affects whether foreign intended parents may… Read More »Colombia Surrogacy Update: The Bill That Died

High Net Worth Divorce: What You Need to Know

High Net Worth Divorce: What You Need to Know

When a relationship ends, the legal rules about dividing property, superannuation, and financial responsibilities do not magically change just because someone is wealthy. The same family law principles still apply. But high net worth divorces bring a different level of complexity. In practical terms, these are cases where couples separation involves significant assets and superannuation,… Read More »High Net Worth Divorce: What You Need to Know

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board