In my several appearances at mediation and NCAT, I have not seen consistency applied on many issues. But I have indeed seen that mediators and the Tribunal look at documents, such as proxies – when they are not completed in a manner that conforms 100% to the letter of the law – and ask themselves “what was the intention of he or she who completed the document”?.
If the intention is clear to a layman, then the mediators and the Tribunal consider that document as though it was completed 100% in conformity with the SSM Act.
If the agent has previously been difficult and not transparent then you should list those instances in case you take the matter further.