Can You Represent Yourself At Court

You are wondering whether you really need an employment lawyer, or whether you could manage this yourself.

The honest answer depends on which stage of the process you are picturing, since the two main stages work quite differently. Neither answer is right for everyone, so it is worth thinking about each stage on its own.

Can you represent yourself at conciliation?

Yes, and this stage almost requires it. Solicitors are not permitted to represent either party at the conciliation stage run by the Department of Industrial Relations, so both sides typically attend without a lawyer physically present¹.

A lawyer can still prepare you beforehand, even though they cannot join you in the room. That preparation often shapes how the session goes more than anything said on the day itself, since you walk in already knowing what to expect.

Can you represent yourself at the Industrial Court?

Yes, self representation is allowed there too, but the setting is more formal than conciliation. There are rules about how documents are submitted, how witnesses are questioned, and how arguments are structured for the court to follow.

Your employer carries the burden of proving just cause or excuse for the dismissal², but responding effectively to their case still takes preparation, regardless of who carries that burden.

What tends to get harder without a lawyer?

Presenting documents correctly, questioning witnesses fairly, and reacting to legal arguments raised in the moment all become more demanding without experience. None of this is impossible alone. The learning simply happens under real pressure, rather than in advance.

Written submissions in particular reward a trained eye, since small structural choices can affect how clearly your case comes across. A missed procedural step can also slow a case down in ways that are hard to see coming.

What should you do before deciding either way?

Ask a lawyer to review your documents and outline what a hearing would likely involve for your specific case, even if you plan to represent yourself afterward. Some people combine early advice with self representation later, rather than treating it as an all or nothing choice.

That middle path can give you a clearer sense of the risks before you stand in front of the court alone.

Check your Industrial Court timeline and confirm your remaining window with the deadline calculator before you decide how to proceed with your Section 20 claim.