Australian Capital Territory Repealed Acts

This legislation has been repealed.

COMMERCIAL ARBITRATION ACT 1986 (REPEALED) - SECT 20

    (1)     A party to an arbitration agreement may be represented in proceedings before the arbitrator or umpire by a lawyer, but only in the following cases:

        (a)     where a party to the proceedings is, or is represented by, a legally qualified person;

        (b)     where all the parties agree;

        (c)     where the amount or value of the claim subject to the proceedings exceeds $20 000 or such other amount as is prescribed instead by regulation;

        (d)     where the arbitrator or umpire gives leave for such representation.

    (2)     A party to an arbitration agreement may be represented in proceedings before the arbitrator or umpire by a representative who is not a lawyer, but only in the following cases:

        (a)     where the party is an incorporated or unincorporated body and the representative is an officer, employee or agent of the body;

        (b)     where all the parties agree;

        (c)     where the arbitrator or umpire gives leave for such representation.

    (3)     If a party applies for leave permitting representation by a lawyer or other representative, it must be granted if the arbitrator or umpire is satisfied—

        (a)     that the granting of leave is likely to shorten the proceedings or reduce costs; or

        (b)     that the applicant would, if leave were not granted, be unfairly disadvantaged.

    (4)     A party is entitled to be represented by a lawyer or other representative on leave granted under subsection (3), notwithstanding any agreement to the contrary between the parties.

    (5)     A person who is not a lawyer does not commit an offence against, or breach a provision of, the Legal Profession Act 2006

or any other territory law only because the person represents a party in an arbitration proceeding in the ACT.

    (6)     A reference in this section to—

        (a)     a lawyer is a reference to a person who is admitted as, or entitled to practise as, a lawyer in the ACT or anywhere else, including outside Australia; and

        (b)     a legally qualified person is a reference to—

              (i)     a lawyer; or

              (ii)     a person who has qualifications or experience in law (whether acquired in the ACT or anywhere else, including outside Australia) that, in the opinion of the arbitrator or umpire, would be likely to provide an advantage in the proceeding.