Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 20

Representation

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; 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.



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(6) A reference in this section to-

   (a)  a legal practitioner shall be read as a reference to-

   (i)  an Australian legal practitioner within the meaning of the
        Legal Profession Act 2004; or

   (ii) an overseas-registered foreign lawyer within the meaning of section
        2.8.2 of the Legal Profession Act 2004; 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 Victoria 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.