Representing yourself in the Planning and Environment (P and E) Court can be done with the right preparation. Whether you represent yourself or get help from a lawyer or agent, it’s important to know the court’s rules, processes, and what is expected of you. Ensure you consider your options before making a choice.
If you prefer, you can have a lawyer or an agent (someone who isn’t a lawyer) represent you. For example, a group of residents starting an appeal might choose one person to act as their agent.You don’t need a lawyer, but it’s a good idea to talk to one. They can help you understand if you have valid grounds to appeal, what steps to take, and the time limits involved.
If you decide to represent yourself, you’ll need to do your own research, preparation, and investigation. You must also attend court when required. Keep in mind, this can take a lot of time.
If you choose to represent yourself in court you will be referred to as a self-represented litigant.
To assist people who wish to represent themselves, the P and E Court has produced Practice Direction 11 of 2023 - Self-represented Litigants (PDF, 241.1 KB). It explains what the court expects from people representing themselves.
Here are some key points from the Practice Direction:
The Environmental Defenders Office offers The Community Litigants Handbook, which will help you understand some of the rules and procedures of the P and E Court.
Please note: The Handbook has not been updated to reflect the P and E Court’s recent Practice Directions. It is still a helpful guide but should be read with the new Directions.