COMMERCIAL ARBITRATION ACT 1984 - SECT 20 Representation

This legislation has been repealed.

COMMERCIAL ARBITRATION ACT 1984 - SECT 20

20 Representation

(1) A party to an arbitration agreement may be represented in proceedings before the arbitrator or umpire by a legal practitioner, 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, or

(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 legal practitioner, 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, or

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

(3) If a party applies for leave permitting representation by a legal practitioner or other representative, it shall 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 legal practitioner or other representative on leave granted under subsection (3), notwithstanding any agreement to the contrary between the parties.

(5) A person not admitted to practise in New South Wales shall not be taken to have committed an offence under or breached the provisions of the Legal Profession Act 2004 or any other Act merely by representing a party in arbitration proceedings in New South Wales.

(6) A reference in this section to:

(a) a legal practitioner shall be read as a reference to a person who is admitted or entitled to practise as a barrister, solicitor or legal practitioner in New South Wales or in any other place, whether within or outside Australia, and

(b) a legally qualified person shall be read as a reference to:

(i) such a legal practitioner, or

(ii) a person who, though not such a legal practitioner, has such qualifications or experience in law (whether acquired in New South Wales or in any other place, whether within or outside Australia) as, in the opinion of the arbitrator or umpire, would be likely to afford an advantage in the proceedings.