Type:	Journal Article
Title:	Do self-represented litigants receive a fair trial? The challenge for the Family Court
Other Titles:	Law Institute journal
Authors:	Pavone, Rachell
Keywords:	Family law;Legal issues
Year:	2002
Publisher:	Law Institute of Victoria
Citation:	76 (5), June 2002
Notes:	Describes the implications of self-representation in Family Court matters where domestic violence is present. The author utilises the case of T v S, an appeal with regard to residence and contact for a minor, to exemplify the question. The allegations of abuse were hardly considered because the shame, fear and inexperience of the litigant (mother and victim) impeded a fair cross-examination with the father (and perpetrator). A diagnosis of personality disorder was admitted against the mother without considering battered women syndrome. The Appeal Court ordered a retrial. The author points out that the decision might bring consequences for other self-represented litigants, who participate in 35 per cent of Family Court cases in Australia.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14246
ISSN:	0023-9267
Appears in Collections:	Journal Articles

Items in ANROWS library are protected by copyright, with all rights reserved, unless otherwise indicated.