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.
Things to Read, Watch & Listen

Who is a parent may not be determined by biology: Full Court

Who is a parent is a fundamental question in the eyes of a child. As families come in all shapes and sizes, with the rise of sperm donation, IVF and egg donation over 40 years ago, society has continued to change as to who is recognised as a parent.

GAME CHANGER: Friday the 13th brought GOOD luck for overseas surrogacy families!

For many, Friday the 13th is a day synonymous with bad luck and superstition. But on December 13, 2024, this infamous date marked a remarkable turning point for Australian families who have welcomed children through overseas surrogacy.

BREAKTHROUGH: 8 children born through mitochondrial donation in the UK – could Australia be next?

In a remarkable leap forward for medical science and reproductive technology, the United Kingdom has recently celebrated the birth of eight healthy children—four boys and four girls—through the pioneering technique of mitochondrial donation.

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