The number of claims nearly doubled compared to the previous year
The Federal Court has been inundated with a rapidly rising volume of cases brought by self-represented litigants, according to the court’s 2025-2026 annual report.
A total of 861 new suits were filed by litigants in person (LIPs) – persons who appear in court without a lawyer representative – over 2025-2026. The number of such claims increased by a whopping 80% compared to that recorded during financial year 2025, the Australian Financial Review noted.
Chief justice Debra Mortimer noted in the report that LIPs were involved in about 19% of proceedings in judges’ dockets. Over half of cases filed by LIPs involved migration matters; a considerable chunk of proceedings related to administrative and constitutional law and human rights, commercial and corporations, and employment and industrial relations also involved litigants in person.
“The increasing number of litigants in person in the Federal Court raises important access to justice considerations. It also affects the way the Federal Court manages its proceedings, including to ensure that meritorious proceedings are given sufficient resources and that unmeritorious proceedings do not take up unnecessary time and cost”, the report said.
Mortimer indicated that proceedings involving LIPs necessitated “substantially higher levels of correspondence, more frequent interlocutory applications, and more intensive case management”. She explained that these proceedings could require twice or thrice the number of listings, orders and communications compared to proceedings where lawyers represent all parties.
“This places considerable demands on judges, judicial registrars and registry staff, while also reinforcing the Federal Court’s responsibility to ensure that its processes remain accessible and fair”, the report said.
A Federal Court spokesman indicated in a statement published by the AFR that there was a “general increase observed across the Court in the use of generative AI by parties”. In March, the court published a Litigants in Person Practice Note, which guides LIPs on the requirements in relation to proceedings where they opt to represent themselves. In addition to English, the note has been released in eight languages.
The court also modified the process of allocating LIP proceedings to judges and judicial registrars; moreover, it stepped up in terms of connecting LIPs to related advice services. In addition, it implemented new procedures to address document filing and mediation-specific pro bono referrals.
These actions are in line with the court’s Litigants in Person and Pro Bono Project, which was launched in August 2024.
