Western Australian Consolidated Acts Western 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;
(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 who is
not a legal practitioner does not breach the Legal Profession Act 2008 or
any other Act merely by representing a party in arbitration proceedings under
this Act.
(6) In this
section —
legal practitioner means an Australian legal
practitioner within the meaning of that term in the
Legal Profession Act 2008 section 3;
legally qualified person means —
(a) an
Australian lawyer within the meaning of that term in the Legal Profession
Act 2008 section 3; or
(b) any
other person who, in the opinion of the arbitrator or umpire, has such
qualifications or experience in law (whether acquired in Western Australia or
in any other place in or outside Australia) as would be likely to afford an
advantage in the proceedings.
[Section 20 inserted by No. 43 of 1997
s. 9; amended by No. 65 of 2003 s. 21(2); No. 21 of 2008 s.
648(2) and (3).]