New South Wales Consolidated Acts

CONSUMER, TRADER AND TENANCY TRIBUNAL ACT 2001 - SECT 36

36 Representation of parties

(1) Except as provided by this section, a party in any proceedings has the carriage of his or her own case and is not entitled to be represented by any person.

(2) A party may, in accordance with the regulations, apply to the Tribunal for permission to be represented by a person in the proceedings or in part of the proceedings. The Tribunal may approve any such application and make an order permitting the party to be represented.

(3) In any proceedings where an amount is claimed or disputed, a party is not entitled to be represented by an Australian legal practitioner if the amount does not exceed $10,000 (or such other amount as may be prescribed by the regulations) unless the Tribunal is of the opinion that the exceptional circumstances of the case warrant such representation.

(4) If a party has been granted legal assistance under Division 2 of Part 2 of the Fair Trading Act 1987 , the parties in the proceedings are entitled to be represented by an Australian legal practitioner.

(5) Except as otherwise provided by the regulations, a person is not entitled to demand or receive any fee or reward for representing a party in any proceedings. This subsection does not apply to or in respect of an Australian legal practitioner.

(6) If a party is, in the opinion of the Tribunal, a special class of person, the Tribunal may appoint another person, with that other person’s consent, to represent the party concerned. For the purposes of this subsection, a "special class of person" means any of the following:

(a) a minor,

(b) a person who is totally or partially incapable of representing himself or herself in proceedings because the person is intellectually, physically, psychologically or sensorily disabled, of advanced age, a mentally incapacitated person or otherwise disabled,

(c) any other person of a class prescribed by the regulations for the purposes of this subsection.

(7) However, even though the Tribunal is satisfied that a party is a special class of person, the Tribunal:

(a) is not to delay the proceedings unduly because another person has not been appointed under subsection (6) after a reasonable period of time, and

(b) is to determine the proceedings as expeditiously as possible in the interests of all the parties concerned.

(8) The Chairperson may give such directions as the Chairperson considers appropriate in relation to the appointment of a person for the purposes of subsection (6).

(9) This section does not apply in relation to proceedings arising under the Strata Schemes Management Act 1996 or the Community Land Management Act 1989 .

Note: In the case of Tribunal proceedings under an Act referred to in subsection (9), a party is automatically entitled to be represented in the proceedings.