Council wants practice note to encourage unrepresented parties to seek legal advice
In a submission to the Federal Court regarding the proposed practice note for litigants in person (LIPs), the Law Council of Australia recommended including clear guidance on the verification and disclosure requirements for utilising artificial intelligence (AI).
In a news release expressing its concerns regarding LIPs using AI-generated material, the council suggested that the guidance encompass the limitations of such material and the risks of deceiving the court.
The council welcomed the practice note initiative, which aims to assist self-represented parties and ensure that the processes of the Federal Court of Australia run smoothly. The council added that the practice note could help ensure fair, simple, and efficient proceedings for LIPs.
In its news release, the council acknowledged that litigants are increasingly representing themselves due to financial issues, eligibility limitations, difficulties in comprehending legal processes, or changes in their legal representation.
The council recognised that this trend toward self-representation has resulted in problems for the Federal Court and the parties involved.
The council’s news release provided recommendations for the planned practice note.
To promote diverting litigants toward legal assistance, the council suggested that the practice note encourage LIPs to seek legal advice or representation prior to participating in the proceedings, as well as clearly state:
The council proposed that the practice note include guidance on interpreter services, mental health assistance, and other non-legal supports, designed in consultation with relevant stakeholders.
The council recommended that the practice note contain clear communication protocols and expectations for litigants’ conduct and responsibilities, including by clarifying that they should assert an arguable legal basis, should follow court orders, and should avoid acting abusively or obstructively.
Regarding case management, the council suggested that the practice note:
Regarding accessibility, the council proposed that the practice note:
