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
Sperm Donation in Australia: 8 Rules You Must Know

8 Essential Rules for Known Sperm Donation in Australia

Sperm donation in Australia can be a generous, life-changing act. It can also become an expensive legal and emotional mess if people get the groundwork wrong. Known donor arrangements often begin with goodwill, trust and optimism. Unfortunately, none of those things is a substitute for legal clarity. When people talk about sperm donation in Australia,… Read More »8 Essential Rules for Known Sperm Donation in Australia

Is Your Ex Turning Your Child Against You? Understanding Parental Alienation

Is Your Ex Turning Your Child Against You? Understanding Parental Alienation

Parental alienation is one of the more troubling issues that can arise after separation. It can be subtle, it can be deliberate, and it can cause real harm to children. In family law matters, it often appears in the form of one parent undermining the child’s relationship with the other parent, sometimes slowly and sometimes… Read More »Is Your Ex Turning Your Child Against You? Understanding Parental Alienation

Surrogacy Counselling: Queensland vs NSW Differences

Surrogacy Counseling: The Key Differences Between QLD and NSW

Surrogacy counselling is one of the most important parts of any surrogacy arrangement, and it is also one of the most commonly misunderstood. That confusion does not just affect intended parents and surrogates. It can also affect lawyers, counsellors, and other professionals involved in the process. The reason is fairly simple. Both Queensland and New… Read More »Surrogacy Counseling: The Key Differences Between QLD and NSW

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