• Specific Year
    Any

RESIDENTIAL TENANCIES ACT 1987 - SECT 22

RESIDENTIAL TENANCIES ACT 1987 - SECT 22

22 .         Presentation of cases

        (1A)         In this section —

        proceedings means proceedings under this Act other than proceedings for an offence against this Act.

        (1)         Except as provided in this section, a party to any proceedings shall present the party’s own case and not be represented or assisted in the presentation of the party’s case by another person.

        (2)         A party to any proceedings may be represented or assisted by an agent in the presentation of the party’s case if —

            (a)         the agent is authorised by the party to do so and is —

                  (i)         the property manager of the premises the subject of the proceedings; or

                  (ii)         employed or engaged by a non-profit association or similar body to act as an advocate for tenants or lessors in proceedings;

                or

            (b)         the court makes an order under subsection (3C).

        (3A)         The authorisation mentioned in subsection (2)(a) must —

            (a)         be made in writing in a form approved by the Minister; and

            (b)         be lodged with the court together with the application, or response to the application, to which the proceedings relate, as the case requires.

        (3B)         Without limiting how an agent representing or assisting a party under subsection (2)(a) may represent or assist the party, the agent may initiate proceedings on behalf of the party.

        (3C)         The court may order that a party to proceedings may be represented or assisted by an agent in the presentation of the party’s case if the court hearing the proceeding is satisfied that —

            (a)         the party is unable to appear personally or conduct the proceedings on the party’s own behalf; and

            (b)         another party to the proceedings will not be disadvantaged by the party being represented by, or assisted by, the agent.

        (3)         All or any of the parties to any proceedings may be represented by legal practitioners if any of the following applies —

            (a)         all the parties agree and the court hearing the proceedings is satisfied that any party who is not so represented will not be unfairly disadvantaged;

            (b)         one of the parties is a legally qualified person;

            (c)         one of the parties is a body corporate and any other party elects to be so represented;

            (d)         the court is satisfied that one of the parties is unable to conduct the proceedings without representation by a legal practitioner;

            (e)         the proceedings are instituted or defended, or the conduct thereof has been assumed, by the Commissioner.

        (4)         This section does not prevent —

            (a)         a body corporate from being represented by an officer or employee of the body corporate (not being a legally qualified person) authorised to conduct the proceedings on its behalf (whether or not the officer or employee is remunerated by the body corporate for representing it in the proceedings); or

            (b)         a person from acting as an interpreter for a party, if the person’s fee does not exceed an amount fixed by the court at the hearing.

        (5)         A person shall not demand or receive any fee or reward for representing or assisting a party to proceedings unless —

            (a)         the person is a legal practitioner; or

            (b)         where the party is a body corporate, the person is an officer or employee of the body corporate representing it under subsection (4); or

            (c)         where the party is a lessor, the person is a property manager of the premises the subject of the proceedings.

        Penalty for this subsection: a fine of $5 000.

        (6)         In this section —

        agent means any person who is not a legally qualified person;

        legally qualified person means a lawyer or a person who holds or has held legal qualifications under the laws of this State or any other place.

        [Section 22 amended: No. 50 of 1988 s. 18; No. 65 of 2003 s. 61; No. 59 of 2004 s. 120(3); No. 21 of 2008 s. 698; No. 60 of 2011 s. 19; No. 3 of 2019 s. 25; No. 25 of 2019 s. 65; No. 9 of 2022 s. 424.]