Federal Court: Self-Represented Litigants Increase 80%

• The Federal Court's 2025-2026 annual report reveals an 80% increase in self-represented litigant cases, totaling 861 new suits.
• Chief Justice Debra Mortimer noted these cases, often migration-related, demand significantly more court resources and intensive management.
• The court has introduced a Litigants in Person Practice Note in multiple languages and modified procedures to support self-represented parties.
• New initiatives include enhanced connections to advice services and pro bono referral procedures, part of a project launched in August 2024.
• The rise in self-represented litigants places considerable demands on court staff and highlights ongoing access to justice considerations.

Chief Justice Debra Mortimer elaborated on the practical consequences, indicating that cases involving self-represented parties demand "substantially higher levels of correspondence, more frequent interlocutory applications, and more intensive case management."

The Australian Federal Court is grappling with a significant surge in self-represented litigants, often referred to as Litigants in Person (LIPs), a trend highlighted in its recent 2025-2026 annual report. This document reveals that a total of 861 new cases were initiated by individuals without legal counsel during the 2025-2026 financial year. This figure represents a substantial 80% increase when compared to the number of such filings recorded in the preceding financial year, 2025.

Chief Justice Debra Mortimer's observations within the report underscore the widespread nature of this phenomenon, noting that LIPs were involved in approximately 19% of all proceedings on judges' dockets. A majority of these cases, specifically over half, pertained to migration matters. Beyond immigration, a considerable portion of proceedings brought by self-represented individuals also encompassed areas such as administrative and constitutional law, human rights, commercial and corporations disputes, and employment and industrial relations. This widespread involvement of Federal Court self-represented litigants increase presents unique challenges for the judiciary.

The growing presence of Australian Federal Court LIPs has significant implications for the court's operational efficiency and its fundamental commitment to access to justice. The Federal Court's 2025-2026 annual report explicitly states that this rise necessitates a re-evaluation of how proceedings are managed, emphasizing the need to allocate sufficient resources to meritorious cases while preventing unmeritorious claims from consuming undue time and expense.

Chief Justice Debra Mortimer elaborated on the practical consequences, indicating that cases involving self-represented parties demand "substantially higher levels of correspondence, more frequent interlocutory applications, and more intensive case management." She further explained that these proceedings can require two to three times the number of listings, orders, and communications compared to those where all parties are professionally represented. This places considerable demands on judges, judicial registrars, and registry staff, while simultaneously reinforcing the Federal Court’s responsibility to ensure its processes remain accessible and fair.

In response to the escalating numbers of Federal Court self-represented litigants, the court has implemented several proactive measures to support LIPs and streamline judicial processes. A significant step was the publication of a Litigants in Person Practice Note in March. This comprehensive guide is designed to inform self-represented individuals about the procedural requirements when they choose to appear in court without legal representation. To enhance accessibility, the note has been made available not only in English but also in eight additional languages.

Beyond the practice note, the court has also modified its internal procedures for allocating LIP proceedings to judges and judicial registrars. Furthermore, it has intensified efforts to connect self-represented parties with relevant advice services. New protocols have been established to manage document filing and to facilitate mediation-specific pro bono referrals. These concerted actions are part of the broader Litigants in Person and Pro Bono Project, which was officially launched in August 2024, demonstrating the court's commitment to addressing the challenges posed by the increasing number of Australian Federal Court LIPs. A Federal Court spokesman also noted a general increase in the use of generative AI by parties across the court.

The dramatic increase in Federal Court self-represented litigants underscores critical access to justice considerations, as highlighted in the Federal Court 2025-2026 annual report. For legal practitioners, this trend implies a need to anticipate increased case management complexities and potentially longer proceedings when opposing self-represented parties. The court's strained resources, evidenced by the 80% surge in such cases, will inevitably impact the pace and conduct of litigation.

This evolving landscape also presents opportunities for pro bono engagement, particularly through the court's new referral procedures. Lawyers must familiarize themselves with the Litigants in Person Practice Note to effectively navigate the modified court processes and understand the court's expectations when dealing with LIPs. The court's ongoing efforts to manage this influx reflect a broader commitment to maintaining fairness and accessibility within the judicial system, even as it adapts to changing litigant demographics.

Lawyers litigating in the Australian Federal Court should anticipate increased case management complexities and potentially longer proceedings when facing self-represented litigants, as the court's resources are strained by an 80% surge in such cases. This trend also presents opportunities for pro bono engagement through the court's new referral procedures and requires familiarity with the Litigants in Person Practice Note to navigate modified court processes.

Source: Original reporting via Australasian Lawyer