Western Australian Current Acts Western Australian Current Acts (1) In this section
—
agent means a legal practitioner or any other
person.
(2) Despite
section 44(2), a party to a minor case is not entitled to be represented
before the Court but —
(a) a
party referred to in section 44(2)(b) or (c) may be represented by a person
who may represent the party under paragraph (b) or (c) of section 44(2); and
(b) any
party may be represented by an agent with the leave of the Court given under
this section.
(3) The Court may give
a party leave to be represented by an agent who is not a legal practitioner
—
(a) in
proceedings, not being the trial of the case, if the proceedings are
prescribed by the regulations; or
(b) in
the trial of the case, if the Court considers that the party should be given
leave so that the party is not unfairly disadvantaged.
(4) Except in the case
of a consumer/trader claim, the Court may give a party leave to be represented
by a legal practitioner —
(a) in
proceedings prescribed under subsection (3)(a); or
(b) if
all parties agree; or
(c) if
the Court is satisfied that it is in the interests of justice for the party to
be represented by a legal practitioner.
(5) The Court may give
a party to a consumer/trader claim leave to be represented by a legal
practitioner —
(a) if
all parties agree; or
(b) if
the Court is satisfied that none of the other parties will be unfairly
disadvantaged as a result.
(6) If it appears to
the Court that it should give leave for a party to be represented by an agent,
the Court —
(a) if a
particular agent is proposed for its approval, must satisfy itself that the
proposed agent has sufficient knowledge of the issue in dispute and is vested
with sufficient authority to bind the party; and
(b) may
give leave subject to any reasonable conditions needed to ensure that none of
the other parties will be unfairly disadvantaged as a result.
(7) If the Court gives
leave subject to conditions, the entitlement of a party to be represented by
an agent is subject to compliance with those conditions.
(8) The Court may
revoke leave for a party to be represented by an agent if the agent does not
conduct himself or herself in a proper manner when representing the party.
(9) A contravention of
this section in a case does not invalidate any order made, or the judgment, in
the case.
(10) Leave given under
this section does not authorise an agent who is not a legal practitioner to
claim, receive or recover, directly or indirectly, money or other remuneration
for representing a party.
[Section 30 amended: No. 5 of 2008 s. 77; No. 21
of 2008 s. 678(7)-(11).]