Employment lawyer

Can you represent yourself at court?

You are wondering whether you can handle your own Industrial Court claim without a lawyer.

For people seeking legal representation. For general information, please use our guides and tools.

Can you represent yourself at conciliation?

Yes, and at this stage you have to. Solicitors cannot represent either party at the conciliation run by the Department of Industrial Relations, so both sides attend without a lawyer in the room.1

An employment lawyer can still prepare you beforehand. Knowing what to expect often shapes the session more than anything said on the day.

Can you represent yourself at the Industrial Court?

Yes, but the setting is more formal than conciliation. There are rules on how documents are submitted, how witnesses are questioned and how arguments are set out.

Your employer must prove just cause or excuse for the dismissal.2 You still need to prepare to answer their case, whoever carries that burden.

What gets harder without a lawyer?

Presenting documents correctly, questioning witnesses fairly and answering legal arguments on the spot all take experience. None of it is impossible alone. You simply learn it under real pressure.

Written submissions reward a trained eye, because small choices in structure change how clearly your case reads. A missed procedural step can also slow a case in ways that are hard to see coming.

What should you do before deciding?

Ask a lawyer to review your documents and outline what a hearing would involve for your case, even if you plan to speak for yourself later. Early advice followed by self-representation is a real middle path, not an all-or-nothing choice.

It gives you a clearer view of the risks before you stand in front of the court.

Check your Industrial Court timeline, and your remaining window on the deadline calculator, before you decide how to run your Section 20 claim.

If you would rather have a lawyer act for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your dates and documents for review.

If you are weighing representing yourself against hiring a lawyer, an independent employment lawyer can review your case and act for you if it needs it.

For people seeking legal representation. For general information, please use our guides and tools.

First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.

Common questions

Can I represent myself at conciliation?

Yes. In fact, solicitors cannot represent either side at that stage, so you and your employer attend without lawyers in the room.

Can I represent myself once the case reaches the Industrial Court?

Yes, but the process is more formal. There are rules of evidence and procedure that a lawyer is trained to handle.

What gets harder without a lawyer at a hearing?

Presenting documents correctly, questioning witnesses and answering legal arguments on the spot all take experience. Preparing in advance can narrow that gap.

Is there a middle option between full representation and going alone?

Some people get advice and document review from a lawyer beforehand, then speak for themselves at the hearing. Ask whether that limited help is available for your situation.

Sources

  1. Solicitors are not permitted to represent either party at the conciliation stage run by the Department of Industrial Relations. Mah Weng Kwai & Associates (accessed 2026-09-22)
  2. In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates (accessed 2026-09-22)

If you are weighing representing yourself against hiring a lawyer, an independent employment lawyer can review your case and act for you if it needs it.

For people seeking legal representation. For general information, please use our guides and tools.

First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.