Whose assistant may be appointed in a family protection case, and when is the court's permission needed?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the application appointing the assistant, the paper showing that person's relationship to the family violence actor or their role at a counselling centre, and the court's record of any permission given before a non-lawyer is appointed.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets out the closed list: a lawyer, the family violence actor's legal representative, spouse, lineal relative or sibling, a counsellor at a counselling centre or similar body, or the head of such a body, may serve as assistant, and a lawyer appointed as assistant needs no further permission.
Another reading stresses the proviso: where the person proposed is anyone other than a lawyer, the appointment only takes effect once the court has granted permission, so a relationship within the list alone does not make that person an assistant.
Your judgment
If the file shows a counselling centre worker acting as assistant before any permission order appears, what facts would establish whether permission was sought or granted?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may serve as assistant or the permission requirement, or if a court decision explains when permission for a non-lawyer should be granted.