A judge hearing an application from a self-represented litigant must explain the legal requirements to be satisfied, the procedure to be followed, and assist the litigant to present their case on relevant issues; failure to do so may constitute a breach of natural justice amounting to jurisdictional error. The ICCPR human rights of equality before the law and access to justice are relevant to the exercise of judicial powers and discretions independently of the Charter of Human Rights and Responsibilities Act 2006 (Vic). In Victoria, defence evidence in a criminal trial cannot be excluded for breach of the rule in Browne v Dunn.
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