Australian Capital Territory Numbered Regulations

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DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 56

Right of appearance

    (1)     A party to a proceeding on an application may appear before the Magistrates Court or the registrar—

        (a)     by a lawyer; or

        (b)     for an individual—personally; or

        (c)     for a corporation—by an officer of the corporation authorised by the corporation; or

        (d)     with the leave of the court or the registrar, by another person.

    (2)     A person appearing in accordance with subsection (1) may address the Magistrates Court or the registrar and may examine and cross-examine witnesses.

    (3)     If the Magistrates Court has given a direction under the Evidence (Miscellaneous Provisions) Act 1991 , section 20 (1) (Territory courts may take evidence and submissions from outside ACT) or section 32 (1) (Use of link in proceedings), a person appearing in accordance with subsection (1) may appear, address the court or the registrar and examine and cross-examine witnesses in accordance with the direction.

    (4)     A person who is not a lawyer is not entitled to receive or recover money or other remuneration or consideration for appearing on behalf of another person.

    (5)     Subsection (4) does not prevent an employee who, in the ordinary course of employment, appears on behalf of an employer from receiving wages or salary for appearing.



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