Representation in Court
Court cases and the law can be complicated. You should consider getting legal advice about your case before you commence legal proceedings or attend court.
Staff at the Court can give you certain information, such as what forms to fill in, but they cannot give you legal advice. Find out more about what court staff can and can’t do.
Who can represent me in the Land and Environment Court?
There are three ways that a person who is involved in proceedings in the Land and Environment Court can be represented in Court. They are:
- Representing themselves;
- Being represented by a lawyer (either a barrister or solicitor); or
- Being represented by an agent.
A person may represent themselves or may be represented by a lawyer without needing permission of the Court to do so. However, if a person wishes to be represented by an agent, that can only occur if the Court gives permission for this to happen (this is known as giving leave to appear). Section 63 of the Land and Environment Court Act 1979 explains the process for giving leave to appear:
(1) A person entitled to appear before the Court may appear in person, or by an Australian legal practitioner, or (except in proceedings in Class 5, 6 or 7 of the Court’s jurisdiction) by an agent authorised by the person in writing.
(2) Despite subsection (1), a person may not appear before the Court by an agent except with the leave of the Court.
(3) In determining whether to grant leave for a person to appear by an agent the Court is to consider:
(a) whether the agent has provided the person with the information required by the rules, and
(b) whether granting leave is in the best interests of the person.
(4) Leave granted under this section may:
(a) be granted subject to conditions, and
(b) be revoked at any time for any reason.
The rules referred to in s 63 are the Land and Environment Court Rules 2007.