Should legal representation be allowed?

Cases

Should legal representation be allowed?

There is no automatic right to be represented by a lawyer before the Fair Work Commission. When a party opposes a lawyer appearing for the other side, the commission will determine if it is allowed.

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There is no automatic right to be represented by a lawyer before the Fair Work Commission. When a party opposes a lawyer appearing for the other side, the commission will determine if it is allowed, as these cases illustrate.

Complex dismissal matter justified legal representation


Commissioner Wilson in the Fair Work Commission referred to the relevant provision – s596 of the Fair Work Act – and noted the likely complexity of the issues to be litigated in this matter.

The principal authority noted was Warrell v Walton [2013] FCA 291.

After consideration of the materials, Commissioner Wilson was not persuaded to grant the applicant’s motion to deny legal representation.

The employer said there was an ASIC ban in issue and that raised complex legal issues.

The commission concluded it was unlikely the matter would be able to proceed without significant analysis of the ASIC ban, and the circumstances relating to the employer’s allegations about the applicant’s outside business interests.

C v Australia and New Zealand Banking Group [2015] FWC 4784 (14 July 2015)


Appellant bench won't interfere with refusal to allow legal representation


A Fair Work Commission full bench said it was rarely appropriate to grant permission to appeal unless an arguable case of appealable error was demonstrated. Courts generally discourage appeals against interlocutory decisions (as this was).

It found it was not in the public interest to grant permission to appeal and the appeal did not give rise to an issue of general principle.

The commissioner said conclusions reached by the commission were reasonable on the asserted facts. Permission to appeal was refused.

Appeal by Asciano Services P/L against unpublished decision of Riordan C of 25 March 2015 Re: Hadfield [2015] FWCFB 2618 - Hatcher VP Sams DP Lawrence DP- 21 April 2015

See also: Lawyers, legal points and dismissal matters 

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