Representing yourself in court (litigant in person)
If you are involved in court proceedings without a solicitor or barrister, you are a litigant in person. This page explains what help may be available, how to prepare, and what is expected of you in court.
Litigation is inevitably difficult, and it is usually better to have legal representation where possible.
What assistance is available?
Preparing for court
Use this guide to help you prepare documents, plan your arrival, understand what happens on the day, and who will be present:
Your obligations to the court
When acting as a litigant in person, you have obligations to the court and to the other party. Solicitors and barristers also have obligations to the court.
- You must attend court when scheduled or directed to do so. If you do not attend, the case may go ahead in your absence.
- You must follow the judge’s directions in court and comply with any directions made in your case.
- You must not disrupt the hearing. Disrupting proceedings or ignoring directions may be treated as contempt of court and can result in penalties.
Read more about expected behaviour in court:
If a judge warns you that something may be contempt of court, you should take that warning seriously. Disregarding it can have serious consequences, including fines or imprisonment.
If you do not follow the judge’s directions or observe court rules, you may be subject to sanctions. See:
Judges
Judges are impartial in the administration of justice. For this reason, they do not enter into correspondence with parties to cases before the courts and it is not appropriate to write to them.
Judges are independent in the exercise of their judicial functions, subject only to the Constitution and the law. The conduct of, and decision reached in, any court case is a matter entirely for the judge.
If you disagree with a decision, finding, or ruling, it can only be addressed through the courts. You should consider getting legal advice about whether you can appeal.
McKenzie friends
You may be able to get reasonable assistance from a lay person, sometimes called a McKenzie friend. If you are assisted by a McKenzie friend, you remain a litigant in person.
McKenzie friends have no independent right to provide assistance. They have no right to act as advocates or to carry out the conduct of litigation.
Using AI
If you wish to use AI tools to help you prepare, you must follow these guidelines:
Legal submissions
In some courts, you may be given an opportunity to make written legal submissions. These are not the same as evidence.
There are detailed rules on how written submissions must be prepared and presented:
Video and remote hearings
Some court hearings take place by video link instead of in a physical courtroom. This guide explains how remote hearings work, how to prepare, and what to expect on the day:
Accessibility at court
If you need adjustments (for example, a quiet space, assistive listening, extra time, or an interpreter), see Accessibility at court.
The judge hearing your case will proceed on the basis that you have seen this page and understand the obligations of a litigant in person.
