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Speaking in Court - When I have a solcitor

This might be a dumb question, and I have contacted the NSW law society, and there were unable to give me a definitive answer, but am I able to speak in court if I feel that my solicitor is not articulating our case as I would have expected her to do so.

Am not sure if this would make a difference, but I am not the applicant, but the supporting stepmum, having to listen to all of the lies in court from my partners ex.

At our interim orders hearing, she totally missed an opportunity to highlight something and as a result we ended up losing our school holiday time, ending up having no Christmas school holiday time at all.


It sounds that you need a better solicitor. Either that, or there is a compelling argument as to why the children have not been given contact with their father.
If you are not a party to the matter you have no right to be heard. If you are to give evidence, then you may be heard. The pre-requisite can be that you have had an affidavit filed and that the veracity of your evidence is to be validated.
If your side is represented then the court recognises your (partners) representative.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
This is one problem with solicitors/barristers. They often do not have the time or inclation to study your file, it is not uncommon at all for a barrister to read the affidavits/docs the night before. Even if they do thoroughly prepare they will not have anywhere near the same insight/knowledge as the people involved in the case.

If you are unhappy with the interims there is s review process.

There is a complaints process for solicitors but this is for misconduct type matters. They will not look at a complaint of incompetance.

As stated you can not stand up and make statements but you should be sitting behind her and tap her on the shoulder and speak to her if something important comes up. Having said that interims are generally done on the papers so it may be that one issue missed has not caused the result you got.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
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