PARTE I EL FUNDAMENTO DEL ORDEN
CAPÍTULO 1. LA TRASCENDENCIA COMO FUNDAMENTO
1.1. El fundamento divino
Helen Gamble and Richard Mohr, Litigants in Person in the Federal Court of Australia
and the Administrative Appeals Tribunal- A Research Note. (Paper presented to the
Sixteenth Annual AIJA Annual Conference Melbourne. 4-6 September, 1998).
Barry Smith, Study of the effects of legal aid cuts on the Family Court of Australia and
its litigants Research Report No. 19. (Family Court of Australia, 1998)
1999
Murray Gleeson Chief Justice, The State of the Judicature, (Paper presented to Australian Legal Convention. Canberra 10 October, 1999).
Australian Law Reform Commission. Review of the Federal Civil Justice System.
Discussion Paper No. 62. (Canberra: Australian Government Publishing Service, 1999).
Rosemary Hunter, Family Law Case Profiles, (Justice Research Centre, Law Foundation of New South Wales, June 1999).
2000
John Dewar, Barry Smith, CBanks, C. Litigants in person in the Family Court of
Australia. Research Report No. 20 (Family Court of Australia 2000).
Australian Law Reform Commission. Managing Justice – A Review of the Federal Civil
Justice System, Report No. 89. Canberra: Australian Government Publishing Service
AGPS., 2000.
Family Law Council. Litigants in Person: a Report to the Attorney-General, (Canberra: Family Law Council, 2000).
NCOSS, Going it Alone (Law and Justice Foundation of NSW, 2000).
Mary Mervat Rebehy, Unrepresented parties and the Equal Opportunity Tribunal: a
survey of Tribunals and recommendations for change, 2000.
2001
Chief Justice Nicholson in T v S [2001] Fam CA 1147.
Australian Institute of Judicial Administration. Litigants in Person Management Plans:
Issues for Courts and Tribunals. (Melbourne: Australian Institute of Judicial
Administration, 2001).
2002
Rosemary Hunter, Ann Genovese, April Chrzanowski, and Carolyn Morris, The
Changing face of litigation: unrepresented litigants in the Family Court of Australia
Select Bibliography 39 West Heidelberg Community Legal Service. Unrepresented Litigants at What Cost? A
report on the implications of unrepresented litigants in the Magistrates’ Court,
Victoria. November, 2002.
2003
Rosemary Hunter, Jeff Giddings and April Chrzanowski, Legal Aid and Self-
Representation in the Family Court of Australia (Griffith University, May 2003)
http://www.nla.aust.net.au/res/File/PDFs/NLA_selfrep_FCA.pdf
Justice Robert Nicholson, Can Courts Cope with Self-Represented Litigants? September 2003.
Family Court of Australia, Self-represented litigants - A challenge: Project Report
December 2000-December 2002 (Canberra: Family Court of Australia, 2003).
2004
Melanie Dye, An Evaluation of Services for Self-Represented Litigants in the Federal
Magistrates Court (Canberra: Federal Magistrates Court of Australia, October 2004).
Law Council of Australia, Erosion of Legal Representation in the Australian Justice
System Research Report (February 2004).
Australian Parliament Senate Legal and Constitutional Legislation Committee. Legal
Aid and Access to Justice (Canberra, ACT: Australian Parliament, June 2004).
Australian Institute of Judicial Administration and the Federal Court of Australia,
Forum on Self–Represented Litigants (Sydney, 17 September 2004)
http://www.aija.org.au/online/SRLForumReport.pdf
Elizabeth Richardson, Self-represented parties: A trial management guide for the
judiciary (Melbourne: County Court of Victoria, 2004).
2009
Access to Justice Taskforce Attorney-General’s Department, ‘A Strategic Framework for Access to Justice in the Federal Civil Justice System’ (23 September 2009). Senate Legal and Constitutional Affairs References Committee, Access to Justice (Canberra: Commonwealth of Australia, December 2009).
2011
Family Court of Australia and Federal Magistrates Court of Australia, Family Law User
40 Select Bibliography
2012
Federal Magistrates Court of Australia, Review of the Dandenong Project (Canberra, Federal Magistrates Court, March 2012)
Select Bibliography 41
Case Law
Cachia v Hanes (1994) 179 CLR 403;
von Reisner v Commonwealth of Australia (No 2) [2009] FCAFC 172 (8 December
2009).
Legislation
Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth) reg 19.01.
s 78 Judiciary Act 1903 (Cth).
Litigants in Person (Costs and Expenses) Act 1975 (UK).
Annual Reports
Family Court of Australia, Annual Report 2010-2011 (Canberra: Family Court of Australia, 2011).
Federal Court of Australia, Annual Report 2010-2011 (Canberra, 2011), 43. Federal Court of Australia, Annual Report 2009-2010 (Canberra, 2010).
Federal Magistrates Court of Australia, Annual Report 2010-2011 (Canberra: Federal Magistrates Court of Australia, 2011),
Federal Magistrates Court of Australia, Annual Report 2009-2010 (Canberra: Federal Magistrates Court of Australia, 2010);
Federal Magistrates Court of Australia, Annual Report 2008-2009 (Canberra: Federal Magistrates Court of Australia, 2009).
Federal Magistrates Court of Australia, Annual Report 2007-2008 (Canberra: Federal Magistrates Court of Australia, 2008).
Federal Magistrates Court of Australia, Annual Report 2006-2007 (Canberra: Federal Magistrates Court of Australia, 2007).
Federal Magistrates Court of Australia, Annual Report 2005-2006 (Canberra: Federal Magistrates Court of Australia, 2006).
Federal Magistrates Court of Australia, Annual Report 2003-2004 (Canberra: Federal Magistrates Court of Australia, 2004).
42 Select Bibliography
High Court of Australia, Annual Report 2010-2011 (Canberra, High Court of Australia, 2011).
High Court of Australia, Annual Report 2009-2010 (Canberra, High Court of Australia, 2010).
High Court of Australia, Annual Report 2008-2009 (Canberra, High Court of Australia, 2009).
High Court of Australia, Annual Report 2001-2002 (Canberra, High Court of Australia, 2002).
Supreme Court of Queensland, Annual Report 2010–2011 (Brisbane: Supreme Court of Queensland, 2011), 14.
Supreme Court of Queensland, Annual Report 2010–2011 (Brisbane: Supreme Court of Queensland, 2011), 14.
Reports
Australian Institute of Judicial Administration and the Federal Court of Australia,
Forum on Self–Represented Litigants (Sydney, 17 September 2004).
Australian Law Reform Commission, Managing Justice – A review of the Federal Civil
Justice System Report No 89 (Canberra: Australian Government Print Services, 2000;
Australian Law Reform Commission, The Unrepresented Party - Background Paper 4 (December 1996).
Canadian Forum on Civil Justice, Alberta Legal Services Mapping Project, An Overview
of Findings from the Eleven Judicial Districts Final Report (Canadian Forum on Civil
Justice, July 2011).
John Dewar, Barry Smith and Cate Banks, Litigants in Person in the Family Court of
Australia – Research Report No 20 (Family Court of Australia, 2000).
Melanie Dye, An Evaluation of Services for Self-Represented Litigants in the Federal
Magistrates Court (Canberra: Federal Magistrates Court of Australia, October 2004).
Family Court of Australia, Self-represented litigants: A challenge – Project Report
December 2000-December 2002. (Family Court of Australia, 2003).
Family Law Council, Litigants in Person: A Report to the Attorney-General prepared by
the Family Law Council. (Canberra, August 2000).
Rosemary Hunter, Family Law Case Profiles. (Justice Research Centre, Law Foundation of New South Wales, June 1999).
Select Bibliography 43 Rosemary Hunter, Ann Genovese, April Chrzanowski, and Carolyn Morris, The
changing face of litigation: unrepresented litigants in the Family Court of Australia
(Research Report) Law and Justice Foundation. August 2002.
Rosemary Hunter, Jeff Giddings and April Chrzanowski, Legal Aid and Self-
Representation in the Family Court of Australia. (Griffith University, May 2003).
Justice Research Centre, Part One: Empirical Information about the Family Court of
Australia, Family Court Research Conducted for the Australian Law Reform
Commission, June 1999.
Law Council of Australia, Erosion of Legal Representation in the Australian Justice
System Research Report (February 2004).;
Law Reform Commission of Western Australia, Review of the criminal and civil justice
system in Western Australia – Final Report Project 92 (Law Reform Commission of
Western Australia, 1999).
R Moorhead and M Sefton, Litigants in person. Unrepresented litigants in first
instance proceedings. Department of Constitutional Affairs Research Series 2/05
(United Kingdom, 2005).
Senate Legal and Constitutional Affairs References Committee, Access to Justice (Canberra: Commonwealth of Australia, December 2009).
Senate Legal and Constitutional Affairs References Committee, Inquiry into the
Australian Legal Aid System: First Report. (Canberra, Commonwealth of Australia, 26
March 1997);
Senate Legal and Constitutional Affairs References Committee, Inquiry into the
Australian Legal Aid System: Second Report. (Canberra, Commonwealth of Australia,
June 1997);
Senate Legal and Constitutional Affairs References Committee, Inquiry into the
Australian Legal Aid System: Third Report (Canberra, Commonwealth of Australia, July
1998);
Senate Legal and Constitutional References Committee, Inquiry into Legal Aid and
Access to Justice, June 2004.
Melissa Smith, Esther Banbury and Su-Wuen Ong, Self-represented Litigants: An
Exploratory Study of Litigants in Person in the New Zealand Criminal Summary and Family Jurisdictions. (Wellington, New Zealand: Ministry of Justice, New Zealand, July
2009).
Tania Sourdin, Mediation in the Supreme Court and County Courts of Victoria (Department of Justice of Victoria, 2009), 84.
44 Select Bibliography
M Stratton, Alberta self-represented litigants mapping project final report. (Edmonton, Alberta: Canadian Forum on Civil Justice, 2007).
Victorian Law Reform Commission, Civil Justice Review: Report (Melbourne: Victorian Law Reform Commission, 2008), 563.
West Heidelberg Community Legal Service, Unrepresented Litigants At What Cost? A
report on the implications of unrepresented litigants in the Magistrates’ Court, Victoria (November 2002).
Kim Williams, Litigants in person: a literature review – Research Summary 2/11 (Ministry of Justice, United Kingdom, June 2011).
Lord Woolf, Access to justice: Interim report to the Lord Chancellor on the civil justice
system in England and Wales (1995).
Articles
Duncan Webb, ‘The right not to have a lawyer’ (2007) 16 Journal of Judicial
Administration 165-178.
Rosemary Hunter, ‘Litigants in person in contested cases in the Family Court’ (1998) 12 Australian Journal of Family Law 171.
Tony Woodyatt, Allira Thompson and Elizabeth Pendlebury, ‘Queensland’s self- represented services: A model for other courts and tribunals.’ (2011) 20 Journal of
Judicial Administration 225.
Robert Flannigan, ‘Costs for Self-represented Litigants: Principles, Interests and Agendas’ (2007) 33 Advocates' Quarterly 447.
John Dewar, Bronwyn Jerrard and Fiona Bowd, ‘Self-representing Litigants: A Queensland Perspective’ (2002) 23 The Queensland Lawyer, 65.
Maria Barrett-Morris, Mike Aujla, and Hugh Landerkin, The Self-represented Litigant in
the Courts: An Annotated Bibliography. (Royal Roads University, 2004).
Conference presentations and speeches
Chief Justice M Gleeson, The State of the Judicature. (Paper presented to Australian Legal Convention, Canberra, 10 October 1999).
Gamble, H & Mohr, R, Litigants in Person in the Federal Court of Australia and the
Administrative Appeals Tribunal- A Research Note. (Paper presented to the Sixteenth
Annual AIJA Annual Conference Melbourne. 4-6 September, 1998).
Hawkins, Murray, Emerging Trends in the Provision of Legal Services: Some Australian Experiences (Speech presented to the Commonwealth Law Association Conference, Nairobi, 7 September 2007).
Select Bibliography 45 E Richardson, Self-represented parties: A trial management guide for the judiciary (Melbourne: County Court of Victoria, 2004).