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What is the situation with legal representation at Fair Trading or NCAT?

Posted 20 May 2024

Category: NCAT and Court Proceedings, eBooks

The situation regarding legal representation at Fair Trading or the Tribunal can vary based on the type of matter and the specific circumstances involved. Here is a general overview of the attitudes that Fair Trading and the Tribunal have with respect to legal representation:

  • Fair Trading: In most Fair Trading mediations, parties generally do not require legal representation and are encouraged to represent themselves. Despite this, there is no restriction on whether you can be legally represented at Fair Trading mediation. This is because Fair Trading mediation is aimed to be a less formal alternative to Tribunal or court proceedings.

Please note however, that you will generally need to obtain the consent of the other side to be legally represented in Fair Trading mediations.

  • Tribunal: the Tribunal provides a more formalised structure for the resolution of various types of strata disputes. For most matters in the Tribunal, parties are expected to represent themselves. This is to keep the proceedings less formal and more accessible. Unlike in court proceedings, there is no automatic right to legal representation.

Should a party wish to have legal representation in proceedings in the Tribunal, they can seek permission from the Tribunal to be represented by a lawyer or another professional agent. The Tribunal may grant permission if the Tribunal is of the view that it would be in the interest of justice to do so. Factors that could influence this decision include the complexity of the matter, the capability of the person to represent themselves, and whether the other party is being legally represented.

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This is an extract from our Bannermans NCAT Strata Disputes ebook.

To access more FAQ'S on NCAT Strata Disputes fill in the below form to download our Bannermans NCAT Strata Disputes ebook for free.

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Bannermans Lawyers

Published 20 May 2024