Automatic language translation
Our website uses an automatic service to translate our content into different languages. These translations should be used as a guide only. See our Accessibility page for further information.
People can represent themselves in court. However, the law and court procedures can be complicated.
In the Land and Environment Court, unrepresented litigants will be treated with courtesy and compassion. However, judges, commissioners, registrars and other court officers are restricted in the amount and type of assistance they can give to an unrepresented litigant.
Because the law is complicated, it is generally better for people who are involved in a court case to have a lawyer (a solicitor or barrister). But not everyone does. The term "self-represented litigant" is often applied to people who decide to run their own court proceedings without a legal representative.
self-represented litigants involved in ongoing civil proceedings and appeals
people considering commencing new proceedings at the Land and Environment Court without legal representation
people who currently have a lawyer in an ongoing civil case but are investigating the possibility of representing themselves in the future.
understand the Court's most important rules and procedures which must be followed by everyone, whether or not they have a lawyer
locate court rules relevant to proceedings, and other helpful resources, easily and quickly.
Before deciding whether to represent yourself, think about whether you would benefit from being legally represented. Information is available on getting legal advice and assistance.
It is a good idea to obtain legal advice ahead of time about your case. Some lawyers can provide coaching, which is a way of helping you to help yourself.
You may also try to resolve your dispute (or at least some aspects of it) before you start a court case using a process called mediation. More information about mediation is available here. Many legal practitioners perform 'pro bono' work from time to time. This refers to work undertaken by a legal practitioner for little or no payment to help the court and the community.
If you are trying to decide whether to represent yourself or have already decided to do so, it may help to research information about the law and the Land and Environment Court. The Court’s website contains a lot of information that may assist you. Some important resources are explained below.
A duty lawyer scheme has been operating in the Land and Environment Court since April 2018.
The scheme is the result of a collaboration between the Environment and Planning Law Association, the Environmental Defenders Office, New South Wales Law Society Young Lawyers Environment and Planning Committee, Macquarie University Law School and practitioners from the Court Users Group.
The scheme is primarily aimed at assisting self-represented litigants who cannot afford legal advice and who are respondents in Classes 4 (except judicial review), 5, 6 and 7 of the Court's jurisdiction. If you cannot afford legal advice and are a self-represented litigant in another class or type of proceedings in the Court, you may also inquire with the Registry about accessing the duty lawyer scheme. Please note that the duty lawyer may be able to assist you, but the service provided by the duty lawyer is only available on a one-off basis and the service is not intended to provide ongoing legal advice or representation.
Every Friday between 9 am and 12 noon a duty lawyer will be available at Level 4 of the Land and Environment Court or by telephone to provide preliminary advice to self-represented litigants with a view to guiding them through the Court process and referring them to appropriate services.
Read more (PDF, 98.7 KB) or contact the registry on 9113 8200 to make a booking.
Before representing yourself, you need to find out about the legislation and rules that apply to your case. You can research:
NSW legislation at the NSW Government website on NSW legislation
Commonwealth and other State and Territory legislation on the Australian Legal Information Institute (Austlii) site.
Read about the legislation covering the areas over which the Land and Environment Court has jurisdiction.
Court legislation and rules are the Land and Environment Court Act 1979, Land and Environment Court Rules 2007, Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005.
You can find the forms you will need for your proceedings in the Court, and the fees you will have to pay to the Court on the forms and fees pages.
In some circumstances, you might have to examine decisions to see how judges or commissioners have interpreted and applied the laws and rules in similar matters. For published judgments and decisions, see NSW Caselaw.
The practice and procedure for proceedings in the Court varies depending on the type of proceedings. Detailed information is available on the Court’s website in the pages on types of cases.
You may also need to know about the practices and procedures specific to the Land and Environment Court, such as the practice notes issued by the Court. Information on the Court’s practice notes and policies is available at Practice and procedure.
As it can be difficult to know and understand all the laws and procedures that might apply in a particular case, it may be beneficial to consult a lawyer.
The Land and Environment Court also publishes planning principles. A planning principle is a statement, contained in a judgment of the Court, of general or specific principle stating a list of criteria, questions or steps to be considered in making particular decisions. Planning principles are intended to promote consistency in decision-making by the Court, and to assist councils and other decision-makers as well as architects, planners and developers to understand the principles which will be applied by the Court in the ordinary course.
Yes. All Land and Environment Court hearings are open to members of the public. It is a good idea if you are going to represent yourself, to come in and have a look at a typical hearing. This will give you a 'feel' for the court room environment and help you to better understand court processes. You should consult the daily Court Lists on the afternoon prior to your visit to determine what matters are being heard and their start times.
You can also view court proceedings online. Information on how to do this ia available here.
You can have a support person sit with you in court. You need to ask permission of the registrar, commissioner or judge if you want a friend to speak on your behalf, and this is usually only at the hearing. At the Land and Environment Court, you can be represented by an agent in certain cases but you will need to seek permission from the Court.
Before taking any steps, it is first necessary to identify where you should start your case.
Examples of cases that can be brought in the Land and Environment Court include:
There are a number of other courts and tribunals in New South Wales. Reviewing the websites of other jurisdictions could help you determine if your dispute should be resolved in another court or tribunal. The Law Assist website contains detailed help in resolving civil disputes commonly handled in other State courts and tribunals.
You should also be aware that some disputes must be determined in Commonwealth courts or tribunals.
Before you start your case, you should check that you are not out of time. Civil proceedings must be started within a fixed period called a limitation period. After the limitation period has expired, the claim usually cannot be brought. You may need to seek legal assistance to help determine whether or not you are out of time.
When you file some documents either online or in the Registry, you will be required to pay a filing fee. Documents that require a fee to be paid include any documents commencing proceedings, as well as notices of motion and subpoenas. These fees can be quite substantial. Current fees are published on the Court's website. If you cannot afford to pay the fees, you can apply for a waiver or postponement of payment in certain circumstances. You will need to complete an application form and supply supporting documentation. If you are a Pensioner or in receipt of Centrelink benefits you will need to provide a copy of your Centrelink card. More information can be obtained from the Registry.
Importantly, even if your fee is postponed until after your case has been decided, you may still be required to pay part of the filing fees first. If any fees are postponed, it is only until the end of the case, at which time they will become payable.
Just because you choose not to pay a lawyer to represent you does not mean that you will not incur costs by bringing a matter to Court. This is one reason why, if you can, it is much better to settle a dispute out of Court than to engage in litigation.
If you are unsuccessful in your case, the Court may order you to pay the other party's costs. If they are legally represented, it may mean that you have to pay for their solicitors, barristers and Court fees. If you are successful however, you may be awarded costs which may enable you to recover some of the fees that you have paid or owe from the other party. Even if you are successful, it is unlikely that you will recover all of your costs involved in bringing the case. Your costs will not include, for example, income you have lost because you have taken time off work to come to Court.
You may file a document by delivering it in person to the Registry, or electronically via the Online Registry, or by post.
You should comply with the following when filing a document:
A notice of motion is a written application to the Court after a case has started asking the Court to make an order about something. A notice of motion can be used for a number of reasons, including seeking directions or clarification on matters in dispute or asking for the vacation of a hearing or conciliation conference. The notice also tells the other party where and when the Court will hear the motion.
The rules concerning notices of motion are in UCPR Part 18. Form 20 must be used for a notice of motion. It can be found here. A notice of motion must be filed together with an affidavit stating the facts on which you rely and, if relevant, specifying the kinds of documents in respect of which the order is sought.
If you are attending the hearing of a notice of motion in Court, make particular note of the time the case is listed to commence. If you do not attend, the motion may be dealt with in your absence.
An affidavit is a statement prepared by a person which is used to provide the Court with written evidence. The statement must be sworn or affirmed to be true in front of a solicitor, barrister or justice of the peace. Most of the relevant Rules about affidavits are in UCPR Part 35.
The person making an affidavit is called the "deponent". An affidavit can be made by: a plaintiff or applicant; a defendant or respondent; a witness; or an expert who has knowledge relevant to a case.
The Legal Aid website contains a guide to affidavits, including a step by step guide which can help you to write an affidavit properly.
A subpoena is a court order which requires a person or company to bring certain documents to Court or to appear at Court to give evidence. Most of the relevant Rules are in UCPR Part 33. A subpoena document must be created using the relevant approved form. Currently, these are Forms 25, 26A and 27A which can be found here.
Self-represented litigants must first obtain the Court's permission (also called "leave") to file subpoenas. You may seek this leave from a Registrar. The 'Subpoenas and Notice to Produce: A Guide for Self-represented Litigants' document outlines the information the Registrar needs to determine your request, including your explanation of how the evidence you are seeking in the subpoena supports your case.
If leave is granted, you must file the subpoena and then serve it on the person or organisation required to produce documents or give evidence and on the other parties. You must serve a subpoena on a person or organisation within NSW at least five business days before they are expected to produce documents to Court or appear at Court. If they are outside NSW but within Australia you must serve the subpoena at least 14 days before the day they are required to produce documents or appear at Court.
If you need to issue and serve a subpoena in less than the 5 (or 14 day period) you can apply to a Registrar to shorten the time for service but you will need to explain why the subpoena was not issued earlier.
Applications to vacate a listing or for an adjournment are not to be made by letter, email or phone. Unless there is a very good reason for a last minute application, any application for an adjournment should be made well before the day of the listing before the Court.
If there is no consent to vacate a listing, the application must be made by notice of motion supported by an affidavit explaining why the listing dates need to be vacate, to which is annexed supporting evidence, such as medical certificates.
Last updated:
