Australian Capital Territory Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 53

Right of appearance (MCCJA s 482)

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

        (a)     by a lawyer; or

        (b)     in the case of an individual—personally; or

        (c)     in the case of 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)     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.

    (4)     Subsection (3) does not prevent an employee who, in the ordinary course of employment, appears on behalf of his or her employer from receiving wages or salary for appearing.

    (5)     If the Magistrates Court has given a direction under the Evidence (Miscellaneous Provisions) Act 1991 , section 18 (1) or 30 (1), a person who, under this regulation, is entitled to appear before the court or the registrar on his or her own or someone else's behalf, may appear, address the court or the registrar and examine and crossexamine witnesses in accordance with the direction.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback