"The burden of proof lies on him who asserts
not on him who denies it"
Photographs on the left show the Executive Building
in Murray St Hobart (top) Parliament House with the
stately 1960's State Offices behind, and the
Commonwealth Law Courts in Davey St. The Commonwealth
Law Courts provide hearing rooms and courts for the
Family Court, The Federal Magistrates Court and the
Administrative Appeals Tribunal. The Supreme Court of
Tasmania is in Salamanca Place and the Magistrates Court
in Liverpool Street, Hobart.
The courts are open to the public and lists of
hearings can be found at the following pages;
If you have to go to court and you can't afford a lawyer
you need some help. You can enroll in the Law course at
University or get some helpful inside info in
this self-help program I used this program in
conjunction with a Corporations Law course at UTAS to
represent myself successfully in 5 out of 6 preliminary
hearings. I have since completed 90% of a Law Degree. There are segments of the inside info
available here, which, allied with online access to
Australian legislation and case law at
http://jade.barnet.com.au/Jade.html can help you win too.
Check out the program here and download lots of free
information. If YOU need to go to court, or you
THINK you might need to go to court I can't give you
legal advice because I am NOT A LAWYER. Chances are,
that neither are YOU. In that case there is only one way
to get justice. Employ a lawyer on $300 or more per
hour, or spend 10 to 20 hours of your own time learning
some of the basics first. If you still decide to employ
a lawyer you will know how to work out
if you have a sustainable CAUSE OF ACTION. Why that
letter you have may not be admissible EVIDENCE, and a
whole lot more. Try it today, you have a lot to lose if
you are attempt JUSTICE when you are un-prepared.
Learn how to win, here.
Courts and legal processes can be a little daunting for
those are unfamiliar with the system. You can get some idea
of how it works by reading about it. A good place to start
is a free flowchart available
here. Many of the free tips have application in
Australia and might help you to decide what to do
here. Obviously US court rules are not applicable here,
but the equivalent rules for the Supreme Court of Tasmania
can be found
here. Similar rules and legislation govern the operation
of the Magistrates Court and the Federal Court.
The other thing which either specifies how the courts must
respond is indicated in cases already decided. You find all
Australia Legislation and most applicable cases at
Please bookmark this page as a ready reference.
A list of Tasmanian lawyers can be found below.
Legal representation in civil and criminal matters
Barristers and Solicitors
what is the difference? Tasmania has what's called a
'fused' profession. That means a lawyer may act as a
solicitor and barrister. However, specialist
knowledge is required in many situations where legal
action is required. Any one of the lawyers on the list
will refer you to a specialist if that is necessary.
Solicitors generally 'brief' barristers in a similar way
to how a Doctor might refer you to a specialist.
Legal Aid (their site is
If you can't afford to pay for legal representation
there are three alternatives; Legal Aid, Self
Representation and Pro Bono.
If you are charged with a criminal offence and arrested
you may be taken to the remand centre in Hobart. If you
qualify for Legal Aid, you may elect to engage the duty
legal officer at the court, OR (and this might be an
important choice) you can decline to be represented by
Legal Aid itself and elect to choose your own legal
practitioner who will then be paid by Legal Aid. So it's
a bit like choosing your own Doctor in a public
hospital. The government may pay for your legal
representation, but this doesn't mean you MUST choose a
solicitor from Legal Aid itself. You MAY choose your
own, provided of course that lawyer is available, and
prepared to assist you at the time.
The Supreme Court
of Tasmania Hobart Registry
The Supreme Court
of Tasmania Criminal Court
The Supreme Court
of Tasmania Civil Court
Courts Davey Street Hobart Family Court of Australia Federal Magistrates Court Administrative Appeals Tribunal
Many articles have been written about self represented
litigants. If you are going to consider this, it would be
wise to learn something about the way the system works. You
could go to law school for 4 years, or try to guess your way
through. If you go to court with no understanding it is
likely you will lose. This might cost you a lot of money, or
One way which some people in Australia have gained some of
the knowledge required to represent themselves can be found
here >>> This information is
based on experience in US courts, so some of it is
inapplicable and the emphasis on some aspects of the
procedure is different, but it can give you an overview. One
other important factor is that it will help you understand
your lawyer a little better. This may save you a
considerable amount of money. Check it out
This site was updated on
21 October, 2011. Information
was correct at the time of publication but is subject to change without notice.
Please direct all enquiries or suggestions regarding content to
Salamanca Marketing. Ph
Markham Ph 0419 152 612