It is important to recognise that in civil courts and some tribunal, the losing party to a case is very likely to be ordered to pay the legal costs of the successful party. In some situations (especially in the Magistrates' Court), these legal costs can be worth more than the amount involved in the dispute. Therefore, before checking whether to pursue or defend a case in court, you should get objective advice on the strength of your case.

Some VCAT Lists, such as Residential Tenancies and Small Claims, as well as the Social Security Appeals Tribunal, cannot award legal costs. Others, like the Credit List of VCAT, can only award a small hourly amount in legal costs. The Commonwealth Administrative Appeals Tribunal (AAT) and the Administrative Division of VCAT have the general rule that each party to a case should pay their own costs, and in certain situations are prevented from awarding legal costs. This protection against an order to pay the other side's costs is an important issue to take into account in deciding whether to go ahead with a case and represent yourself.

The legal system (especially the courts) is geared to having lawyers represent the parties involved in a dispute, although some tribunal encourage self-representation, or place limits on the types of cases in which lawyers can appear.

The procedures and rules used by different courts and tribunals vary significantly, and if you plan to represent yourself, make sure at the very least that you get advice from a lawyer on what steps you will have to take before your case is heard, as well as what to expect at the hearing. See: Chapter 2*4 Advice Directory, for places where you can obtain initial advice free of charge.

You should also speak to the staff of the relevant court or tribunal. They will be able to inform you of special rules and time limits relating to documents which must be prepared. It is important to comply with any such rules: if the case is adjourned because you have failed to prepare the documents properly and on time, you will probably have to pay the other party's legal costs.

If the staff of the court or tribunal appear unwilling to assist, you should explain politely that you need help and that you expect them to provide it. You need to be firm, but at the same time must avoid turning the staff against you. You must also be clear about what sort of help is available: court staff can advise on procedures, but cannot tell you how to argue your case (for example see: "Registrars of the Magistrates' Court" in Chapter 2*3 Legal Aid). You should also ask whether it is possible for you to observe other cases running in the same court or tribunal, as this would help to give you a real idea of what is likely to happen in your case.

As with any decision related to legal proceedings, the decision to represent yourself requires careful thought. It should be made with the understanding that your case will involve a good deal of preparation time and that if you lose you may well be ordered to pay at least part of the other side's legal costs.