Victoria Supreme Court has new self-represented litigant practice note

Update released for practice note for custom, protocol, communication with the court

Victoria Supreme Court has new self-represented litigant practice note
Supreme Court of Victoria

The Victorian Supreme Court has announced the release of a new practice note for litigants seeking to represent themselves in civil proceedings, as well as an updated version of its practice note for custom, protocol, and communications with the court. 

“Being a party in a case in the Supreme Court is a serious matter,” stated the new practice note, which is aimed at helping litigants who are considering whether to commence or defend proceedings without legal representation comprehend what they are taking on. 

The court explained that its new practice note for self-represented litigants seeks to help them understand: 

  • the costs involved, including potential orders to pay the other parties’ costs 
  • the amount of time they should commit, including to research for, prepare, and verify court documents 
  • their obligations, including to back their claim with a proper factual and legal basis, to attempt to resolve disputes by agreement, to act promptly, to minimise delay, and to abide by court orders 
  • the court’s expectation for them to behave respectfully and honestly toward staff and other litigants in all hearings 
  • what the court cannot do, including giving legal advice on how likely parties may succeed in their matters 
  • where to seek help, including accessing free and low-cost services and verified legal websites 

In an effort to clarify common misconceptions about what constitutes a real legal argument, the new practice note also contains a table of pseudo-legal arguments previously considered and rejected by the country’s courts. 

In its news release, the court noted that the number of cases with self-represented litigants has risen in recent years. 

Practice note on custom, protocol, communications

For communications in breach of the practice note on custom, protocol, and communications, the amendments clarified that the court could end, refuse to respond to, or refer such communications to a judicial officer or the appropriate authorities. 

The updated practice note reminded law firms to ensure that correspondence promptly reaches the appropriate lawyer through having internal arrangements in place. 

The updated practice note also aims to remind parties communicating with the court to: 

  • Principally communicate with the court through filing court documents as required by the relevant rules and through making submissions in open court 
  • Always communicate honestly and respectfully 
  • Ensure that communications do not undermine the court’s impartiality or integrity 
  • Refrain from involving court staff in their disputes or negotiations 
  • Understand that making follow-up enquiries before a response results in delay and reduces the staff’s capacity to handle enquiries 

“Staff are entitled to be treated with respect in the workplace,” said Richard Niall, chief justice of the Victorian Supreme Court. “Disrespectful, aggressive, abusive or threatening communication will not be tolerated.” 

While acknowledging that most lawyers and litigants have communicated respectfully and appropriately, he stressed the importance of clarifying the court’s expectations regarding how and when communications occur and the proper restrictions on such communications. 

“As the number of civil case brought each year continues to grow, staff are prioritising the work essential to progressing cases to resolution,” Chief Justice Niall said in the court’s news release

More news involving Victorian Supreme Court

Here are some other recent news stories relating to the Supreme Court of Victoria. 

Upon finding insufficient prospects of success in the proposed grounds of appeal, the Victorian Supreme Court’s Court of Appeal issued a 3 July 2026 decision declining leave to appeal against an order for a legal practitioner to provide the details of an email account he used. 

In mid-May, the Victorian Supreme Court published a new practice note for court users and judicial guidelines for judicial officers on the use of artificial intelligence in an effort to lead, support, and clarify the appropriate and innovative utilisation of this emerging technology. 

Last February, the Victorian Supreme Court announced the appointments of Peter Richard Fary as an associate judge of the Supreme Court and of Michael Glennon O’Connell and Diana Inara Piekusis to the Supreme Court’s Criminal Division. 

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