MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 30

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 30

30 .         Representation of parties

        (1)         In this section —

        agent means a legal practitioner or any other person.

        (2)         Despite section 44(2), a party to a minor case is not entitled to be represented before the Court but —

            (a)         a party referred to in section 44(2)(b) or (c) may be represented by a person who may represent the party under paragraph (b) or (c) of section 44(2); and

            (b)         any party may be represented by an agent with the leave of the Court given under this section.

        (3)         The Court may give a party leave to be represented by an agent who is not a legal practitioner —

            (a)         in proceedings, not being the trial of the case, if the proceedings are prescribed by the regulations; or

            (b)         in the trial of the case, if the Court considers that the party should be given leave so that the party is not unfairly disadvantaged.

        (4)         Except in the case of a consumer/trader claim, the Court may give a party leave to be represented by a legal practitioner —

            (a)         in proceedings prescribed under subsection (3)(a); or

            (b)         if all parties agree; or

            (c)         if the Court is satisfied that it is in the interests of justice for the party to be represented by a legal practitioner.

        (5)         The Court may give a party to a consumer/trader claim leave to be represented by a legal practitioner —

            (a)         if all parties agree; or

            (b)         if the Court is satisfied that none of the other parties will be unfairly disadvantaged as a result.

        (6)         If it appears to the Court that it should give leave for a party to be represented by an agent, the Court —

            (a)         if a particular agent is proposed for its approval, must satisfy itself that the proposed agent has sufficient knowledge of the issue in dispute and is vested with sufficient authority to bind the party; and

            (b)         may give leave subject to any reasonable conditions needed to ensure that none of the other parties will be unfairly disadvantaged as a result.

        (7)         If the Court gives leave subject to conditions, the entitlement of a party to be represented by an agent is subject to compliance with those conditions.

        (8)         The Court may revoke leave for a party to be represented by an agent if the agent does not conduct himself or herself in a proper manner when representing the party.

        (9)         A contravention of this section in a case does not invalidate any order made, or the judgment, in the case.

        (10)         Leave given under this section does not authorise an agent who is not a legal practitioner to claim, receive or recover, directly or indirectly, money or other remuneration for representing a party.

        [Section 30 amended: No. 5 of 2008 s. 77; No. 21 of 2008 s. 678(7)-(11).]