Family Court: non-lawyer appearing for party

Family Court: non-lawyer appearing for party

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.
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

From Istanbul to the Banco Court: Page Provan Celebrates Evren Kurt’s Admission as a Lawyer

Page Provan is thrilled to celebrate a very special milestone for one of our own: Evren Kurt has officially been admitted as a lawyer in Queensland. Evren’s path to admission was anything but ordinary. Originally a practising lawyer in Istanbul, Turkey, he made the bold decision to start his legal career over from scratch in… Read More »From Istanbul to the Banco Court: Page Provan Celebrates Evren Kurt’s Admission as a Lawyer

Surrogacy in South Africa: what Australians should know

South Africa might seem like an obvious overseas surrogacy destination for Australians. It has high-quality IVF services, costs can be lower than in some other international destinations, and Australia has a substantial South African community, particularly in Perth, Sydney, Melbourne and South East Queensland. Yet South Africa is not an option for most Australian intended… Read More »Surrogacy in South Africa: what Australians should know

Egg donation in South Africa: the legal risks explained

For many Australians, egg donation in South Africa has long been an attractive fertility option. The medical standards are high, the costs can be significantly lower than comparable treatment in Australia, and there has historically been a greater availability of egg donors. But an overseas egg donation journey is not simply a question of choosing… Read More »Egg donation in South Africa: the legal risks explained

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