Self-Representation Service - Terms & Conditions
- JusticeNet SA operates the Self-Representation Service in the Federal Circuit and Family Court of Australia and the Federal Court of Australia (collectively "the Federal Courts") with the assistance of participating law firms.
- The Service provides free legal advice and assistance to people who are involved in civil proceedings. Please see our website or refer to the relevant Service Information Sheet for specific guidelines for the Service. The Service does not assist with criminal law, native title, family law proceedings, or complex commercial matters.
- Once you have signed these terms and conditions and you have provided the information and documents requested by the Service, the Service will make a one hour appointment for you with a solicitor. The Service will provide legal advice and assistance to the extent possible in a one hour appointment. The solicitor may be accompanied by a law student who will observe the advice session.
- The Service might, in its discretion, provide further appointments or further legal advice and assistance following completion of an appointment to finalise a matter raised in an appointment. The Service does not guarantee that the same solicitor will be provided in subsequent appointments (if any).
- The Service and its solicitors will provide the kind of legal advice and assistance which they consider appropriate having regard to the issues raised by you and the time available. However, in no circumstances will they:
a. provide legal representation;
b. take over conduct of any proceeding on your behalf;
c. sign any document on your behalf;
d. communicate with the Judiciary, other parties or legal representatives on your behalf; and
e. pay any fees, disbursements or costs on your behalf. - You (and not the Service or its solicitors) will at all times remain responsible for the conduct of your proceeding, including:
a. appearing on your own behalf;
b. communicating with the other parties;
c. filing any documents you wish to rely on;
d. completing any documents which the solicitor has assisted in drafting in an appointment; and
e. meeting the deadlines imposed by law, the Court or Tribunal, or the other parties. - It is often important that a proceeding is commenced, or some other step taken before a limitation period expires. Priority will be given to identifying any relevant limitation period, but it might not be possible to deal with the issue in the available time. Accordingly, you (and not the Service or its solicitors) are responsible for taking any steps necessary before a limitation period expires.
- To the extent that the law permits, you agree to exclude any liability of any nature whatsoever which JusticeNet, the Service or its solicitors, or any of JusticeNet's or the Service's other servants or agents, might otherwise have to you in respect of any matter arising out of or in any way connected with the provision to you of legal advice and assistance pursuant to these terms and conditions.
- We understand that it may be necessary for you to cancel your appointment in certain circumstances; however, we ask that you notify the Service at least 24 hours in advance if you are unable to attend a scheduled appointment. The Service has the right to terminate its provision of legal advice and assistance to you if you are unable to attend an appointment and provide inadequate notice to us.
- The Service's provision of legal advice and assistance to you will cease:
a. at the end of the appointment referred to in paragraph 3 above;
b. if a further appointment or further legal advice and assistance is given as referred to in paragraph 4 above, at the end of the further appointment or when that advice is given (as the case may be); or
c. if, at any earlier time, the Service elects to terminate its provision of legal advice and assistance to you. - The Service operates independently of the Federal Courts, which stet no responsibility or control over the Service. The Service may notify the Federal Courts when it has ceased providing advice or assistance.
- The Service will at all times seek to maintain the confidentiality of your information. You agree that we may disclose the information if required by law or if you authorise us to do so. You agree that the Service may store your information electronically using a remote file hosting service (also known as cloud storage) in which case the Service will take reasonable steps to ensure the confidentiality of your information.
- If you have further questions please contact fcsrs@justicenet.org.au.
- Declaration and Authority to obtain and disclose information I authorise JusticeNet SA to:
- Request, transfer, and receive personal and financial information and documentation for the purpose of:
- assessing eligibility for assistance,
- providing assistance, and
- obtaining feedback on the progress or outcome of a legal matter, without waiving legal professional privilege.
- Discuss the case with, and disclose personal or financial information or documentation to, any lawyer, barrister, or organisation for the purpose of:
- assessing eligibility for assistance,
- providing assistance, and
- reporting to funders.
- Use de-identified personal information to compile statistical data for evaluating JusticeNet services.
- Disclose de-identified information (including a summary of the legal case) publicly for reporting, marketing, fundraising, or other purposes incidental to JusticeNet's services.
- Securely dispose of the file and all documents within it 7 years after it has been closed.
I undertake to:
- Notify JusticeNet of any change in financial circumstances.
- Notify JusticeNet of any change in address.
- Notify JusticeNet of any new matter which might affect the case.
- Provide all additional information requested by JusticeNet.
I understand and accept:
- That this authority continues until withdrawn in writing.
- That JusticeNet reserves the right to suspend or cease providing assistance if it becomes aware that information provided is false, misleading, or incomplete.
I acknowledge that JusticeNet has no legal responsibility or liability where:
- The application is declined by JusticeNet.
- The application is referred to a law firm or barrister for pro bono assistance, in which case I authorise them to report to JusticeNet on the progress and outcome of the matter on a confidential basis and without waiving any legal professional or other privilege, but solely to enable JusticeNet to monitor its referral program.