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Will I have a chance to have my say?

I am self-represented in a migration decision review. It’s quite intimidating coming up against a government department and I worry that their representatives will take up all the time with their legal or technical talk and not leave me enough time to tell my story.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 24-11-2015
1 Lawyer Answered
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Alison Christou, Brisbane 4000 QLD

  • At the heart of administrative law is a desire for fairness.
  • In fact if all parties do not have a genuine opportunity to put their case it can cause significant legal problems down the track.
  • The other party will not be given more time than you will just because they are a government agency. However if they have good lawyers they may be more precise with explaining their case.
  • You can follow these suggestion to better your presentation:
    • during hearings discussions or conciliation meetings listen carefully to the person in charge of proceedings;
    • if they set out the issues that can be looked at that day it is important to stick to these. Do not go off on tangents; and
    • remember that time will be limited in most tribunals and it is important that you focus on the main issues. 

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