59. Retirement Villages Act 1992
(1) In this rule ¾
}agent~ means any person who is not a legally qualified person;
}Commissioner~ has the meaning given to that term in the RV Act section 3(1);
}legally qualified person~ means ¾
(a) a legal practitioner;
(b) an articled clerk as defined in the Legal Practice Act 2003 section 3; or
(c) any person who holds or has held legal qualifications under the laws of this State or any other place;
}the RV Act~ means the Retirement Villages Act 1992.
(2) A party to a proceeding before the Tribunal under the Act may be represented by an agent if ¾
(a) the party is unable to appear personally or conduct the proceedings properly himself or herself; and
(b) no other party will be unfairly disadvantaged by the fact that the agent is allowed so to act.
(3) Under the Act section 39(4), a party to a proceeding before the Tribunal under the Act is not entitled to be represented by a legal practitioner unless ¾
(a) all the parties agree and 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) one of the parties is unable to appear personally or conduct the proceedings properly himself or herself; or
(e) the proceedings are instituted or defended, or the conduct thereof has been assumed, by the Commissioner.
(4) Subrule (3) does not apply to a minor proceeding as defined in the Act section 93(1).