To the Honourable the Speaker and Members of the Legislative Assembly of the Parliament of Western Australia:

We, the undersigned, call upon the Western Australian Parliament to enact the Self-Represented Litigants (Equitable Treatment and Costs Recovery) Bill 2025, a vital reform to ensure that individuals who appear in court without legal representation are treated with dignity, fairness, and equality before the law.

Every year, thousands of Australians are forced to represent themselves in court because they cannot afford a lawyer or access legal aid and suffering anxiety and stress as a result. Despite doing their best to follow complex procedures, many self-represented litigants (SRLs) are:

Dismissed or discredited because of their status;
Denied costs even when successful in court;
Labelled unfairly with terms like “vexatious” or “pseudo-legal”;
Blocked from accessing law libraries or receiving basic procedural support.
The proposed legislation would:

✅ Require courts to treat SRLs with the same respect and impartiality as lawyers;
✅ Allow successful SRLs to recover reasonable costs, including for their time and preparation;
✅ Ensure access to law libraries, procedural assistance, and fair complaint avenues;
✅ Provide compensation in cases of unjust or unlawful prosecution.

This Bill does not seek special treatment for SRLs—only the equal treatment and accountability that justice demands. 

 
Action Requested:

We respectfully petition the Parliament of Western Australia to support, table, and pass the Self-Represented Litigants (Equitable Treatment and Costs Recovery) Bill 2025 without delay.

EXPLANATORY MEMORANDUM

SELF-REPRESENTED LITIGANTS (EQUITABLE TREATMENT AND COSTS RECOVERY) BILL 2025

Overview

This Bill aims to ensure the fair and equitable treatment of self-represented litigants (SRLs) in the Western Australian legal system. It establishes statutory entitlements to procedural assistance, cost recovery, and oversight mechanisms to protect the rights of SRLs. It addresses a long-standing inequity whereby SRLs who prevail in litigation are often denied the ability to recover reasonable costs. The Bill also provides safeguards against institutional bias, ensures accessibility to procedural information, and promotes consistent treatment of all parties regardless of representation.

Key Features of the Bill

·        Part 1 — Preliminary: Sets out the short title, commencement provisions, and key definitions, including a broad definition of "reasonable costs" that reflects the practical realities faced by SRLs.

·        Part 2 — General Principles of Fair Treatment: Establishes legal protections against systemic bias, derogatory labelling, and discriminatory treatment by courts and registry staff. It mandates equal access to justice for SRLs.

·        Part 3 — Cost Recovery for Self-Represented Litigants: Provides a legal basis for SRLs to claim reasonable costs in litigation where they are successful. The section cites longstanding principles, including from the Free Courts Act 1400, ALRC Report 75, and key WA court determinations.

·        Part 4 — Procedural Assistance and Support: Sets out requirements for courts to assist SRLs with procedural guidance, filing support, and access to simplified forms. This section introduces legal duties on registry and court staff to provide neutral procedural advice and outlines training requirements to ensure compliance.

·        Part 5 — Accountability and Redress: Introduces mechanisms for complaint and review, including an expedited right of appeal where procedural unfairness or bias is alleged. It also creates a statutory duty to acknowledge and respond to formal notices issued by SRLs.

·        Part 6 — Related Amendments and Transitional Provisions: Inserts new cost recovery clauses into the Magistrates Court Act 2004 and Supreme Court Act 1935, and allows retrospective application to proceedings where cost orders have not yet been assessed.

Schedules

·        Schedule 1: Sample legal notice from an SRL (Notice of Irrevocable Estoppel by Acquiescence) illustrating how SRLs are often ignored by authorities even when raising constitutionally grounded and procedurally sound objections.

·        Schedule 2: Key principles from ALRC Report 75, supporting the legitimacy and fairness of cost recovery and support for SRLs.

·        Schedule 3: A comprehensive summary of legal authorities, statutes, and precedent cases demonstrating the historical and current support for the Bill’s provisions.

·        Schedule 4: A model cost assessment template to guide SRLs in lodging recoverable expenses clearly and lawfully.

Conclusion This Bill does not create special privileges for SRLs—it creates parity. It seeks to restore confidence in the judicial system by ensuring that those without legal representation are afforded dignity, procedural clarity, and compensation for time and costs lawfully incurred. It is a necessary step toward justice for all.

To download information on the Bill visit: 

https://dawnkelly.com.au/when-you-stand-alone-in-court-the-law-should-stand-with-you/