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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Why is it not permitted Applicant, who is represented by

Customer Question

Why is it not permitted for an Applicant, who is represented by both solicitor and barrister, for that applicant to address the judge directly?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

I need more information as to what happened.

You have to understand that a party to the proceedings is the one that runs it. The Solicitor are there representing them if they are unhappy with them the party can speak. But the court can ask them to not do so as they are represented.

Also many lawyers do allow their clients to speak in some cases but they advise the court they wish to say something.

Customer: replied 1 year ago.
We have a matter before the Family court of WA. We have tried several times to properly brief our solicitor and barrister. Their interpretation (because they refuse to listen or take instruction) is increasingly detrimental to our case. We believe the judge to be sympathetic but they appear unable to supply him with what he requires so we have asked to be able to address him directly and have been told that we are unable to do so, nor is our barrister permitted to ask for a discussion in chambers as to the conduct of the opposition barrister. Why are we not allowed to do so? Is there any precedent for an applicant to apply to the Judge to address the court?
Expert:  Leon replied 1 year ago.

Good Morning

No there is no precedent it is up to the judge if they will allow it.

Have you asked your representatives to be allowed to speak for yourself?