A party who acts in person is not treated as a lesser litigant. But they carry the same obligations, and the Rules are the same.
Order 1
Rule 7 — relief from Rules. The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
Rule 8 — non-compliance not to render proceedings void. Non-compliance with any of these Rules, or with any rule of practice for the time being in force, shall not render any proceedings void, unless the Court so directs, but the proceedings may be set aside, either wholly or in part, as irregular, or may be amended or otherwise dealt with, in such a manner, and on such terms, as the Court thinks fit.
Rule 11(2) — forms. It shall be sufficient compliance with any requirement of an Act or these Rules as to the form of any document if the document is substantially in accordance with the requirement or has only such variations as the nature of the case requires.
Rule 9 — an application to set aside a proceeding for irregularity shall not be allowed unless it is made within a reasonable time, or if made after the party applying has taken any fresh step with knowledge of the irregularity. So an opponent who knew of a defect and carried on cannot later rely on it.
Rule 10 — on such an application, the several objections intended to be insisted on shall be stated in the notice of motion. You are entitled to know what is said to be wrong.
The hard deadlines
It does not reach a period fixed by statute, and it does not reach the periods the Rules themselves declare unextendable. In particular —
Two years to serve a writ. Order 4 Rule 13(2) forbids extending it — see validity of a writ.
Limitation periods under the Frauds and Limitations Act 1988 — see time limits.
Six months for a section 5 notice against the State — extendable only under section 5(2)(c) on sufficient cause being shown.
Forty days to appeal to the Supreme Court, with any extension application made … within that period of 40 days.
It extends time fixed by the Rules or by any judgement or order — and so does not reach statutory periods either. See extending time.
What to attend to
- Your address for service. Where you act in person it is your own address, and documents served there are validly served. Keep it current — see service.
- Document format. Order 2 Division 3 governs heading, title, paper and writing, backsheets, numbers and signing. Rule 29 forbids scandal.
- Registry hours. Order 2 Rule 11: open to the public for business every day of the year except Saturdays, Sundays and Court holidays, from 8.00 a.m. to 12.00 noon and 1.00 p.m. to 3.30 p.m.
- The date of filing. Order 2 Rule 19: the date of filing shall be written by the Registrar on every document which is filed. That is the date your time runs from.
- Motions. A notice of motion must contain a concise reference to the Court’s jurisdiction to grant the relief sought.
- Affidavits. Depose to facts within your own knowledge — see preparing an affidavit.
- Attend. Failing to appear at a listed event is the commonest way a self-represented case is lost.
Order 2 Rule 16 — searches. A person may search the records of the Court and obtain from the Registrar a certified copy of record of the Court on satisfying the Registrar that he has good and sufficient reason for so doing, and on payment of the prescribed fee.
Order 2 Rule 18 — review. Any Act or decision of the Registrar may be reviewed by a Judge who may make an order by way of confirmation, variation or otherwise as he thinks fit.
And Order 1 Rule 12 allows an application for directions where the Rules do not say what to do — see applying for directions.
No allowance for self-representation
Costs. Costs follow the event under Order 22 Rule 11, and a self-represented party who loses pays the winner’s costs.
Mediation. Order 2 Rule 10 of the ADR Rules 2022 requires each party to participate in good faith, to attend in person unless granted leave otherwise, and to focus on finding a solution … and refrain from engaging in legal debates or arguments. Rule 11 allows dismissal of the proceeding for bad faith.
Compliance with orders. Order 22 Rule 20: where any person fails to comply with any provision of these Rules or any judgement or order of the Court, the Court may order him to pay the costs of any other person occasioned by the failure.
Court conduct. See behaviour in court, and note the contempt jurisdiction.
Some proceedings are not suitable for self-representation at all — a corporation cannot appear in person, and an election petition requires leave or consent for representation either way.
Speak to the Office of the Public Solicitor before concluding that no help is available. See free legal help.
Sources
- National Court Rules 1983 — O 1 rr 7–12, 15; O 2 Div 3, rr 11, 16, 18, 19, 29; O 4 rr 13, Div 5; O 22 rr 11, 20
- Alternative Dispute Resolution Rules 2022 — O 2 rr 10, 11
- Frauds and Limitations Act 1988
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.