South Australian Consolidated Acts South Australian Consolidated Acts (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; or
(b)
where all the parties agree; or
(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; or
(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 South Australia shall not be taken to have committed
an offence under or breached the provisions of the Legal Practitioners
Act 1982 or any other Act merely by representing a party in arbitration
proceedings in South Australia.
(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 South
Australia 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 South Australia
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.