Case 39: Right to equality and fair hearing for self-represented litigants with learning disabilities

Photo by By Darrian Traynor on Getty Image

Betty and Maria Matsoukatidou (mother and daughter, respectively) were charged by Yarra Ranges Council for failing to secure and demolish their home after an arson attack. They each received fines from the Magistrates Court of Victoria. After their appeals to the County Court were struck out for non-attendance, they applied for orders reinstating them and represented themselves at the hearing. Maria had a learning disability and Betty was her carer. Betty’s first language is not English. They struggled to present their case and the judge dismissed their applications without adequately explaining the relevant procedure or applicable legal test. Maria and Betty consequently sought judicial review of the orders in the Supreme Court. The Supreme Court found that they were not able to participate effectively in their hearing, in part due to Maria’s learning disabilities, and that they were not given a fair opportunity to put forward their case. The Supreme Court ruled that the County Court judge was obliged to make reasonable adjustments to compensate for Maria’s disability and ensure her effective participation in the proceeding. The Supreme Court ruled that their rights to equality and fair hearing under the Charter had been breached. The Supreme Court’s decision enabled Betty and Maria to challenge the decision of the Magistrates’ Court to fine them. They did that with legal representation and won.

Sources: Human Rights Law Centre, Matsoukatidou v Yarra Ranges Council [2017] VSC 61. See our case
summary here: https://www.hrlc.org.au/human-rights-case-summaries/2017/4/24/victorian-supremecourt-rules-that-courts-have-fair-hearing-and-equality-obligations-to-assist-self-represented-litigants