Representation at a QCAT Proceeding
Parties do not need QCAT’s permission to get legal advice or assistance. Solicitors can help parties collect and prepare evidence, write submissions, and prepare for proceedings without needing QCAT’s permission.
QCAT’s permission is only required when a party wants a legal practitioner or another person to represent them and appear at QCAT proceedings on their behalf.
When is permission from QCAT not required to be represented?
There are circumstances where a party does not require permission to be represented.
A party has the right to have a solicitor or other representation, without applying to QCAT for permission, if any of the following apply:
- they are a child or person who has impaired decision-making
- the matter relates to disciplinary proceedings, including review of a disciplinary decision
- the enabling Act related to the matter or rules allows it
When is permission from QCAT required to be represented?
For all other matters and persons, you must apply for permission to be represented unless QCAT directs otherwise.
QCAT will only give permission for a party to be represented if it is in the interests of justice to do so.
QCAT may consider any of the following in deciding an application for representation:
- if the party seeking permission is a state government agency
- if the proceeding is likely to involve complex questions of fact or law
- if another party is being represented
- if all of the parties have agreed to a party being legally represented
- any other relevant factors
Can any person represent me in proceedings or only a solicitor or lawyer?
A party may have a legal practitioner or another person appear for them. If the representative is not a legal practitioner, QCAT must be satisfied they are appropriate to represent the party.
In some circumstances, legal practitioners who have been subject to disciplinary proceedings and found guilty of professional misconduct or unsatisfactory professional conduct are disqualified from representing a party at QCAT.
A corporation must provide a certificate of authority to show the proposed representative is appropriate which is contained in the application when you apply to QCAT.
*Disclaimer – The above information was taken from the Queensland Civil & Administrative website as accurate in January 2023. If any changes are made by the court from that date they may not be reflected in this post
