#25253
Jimmy-T
Keymaster

    @justsaying said:

    I have never had to to apply to NCAT for permission and I dont  believe the OC has either. 

    You need to apply for permission to be represented by a lawyer, or anyone else, for that matter. The following is from the NCAT website:

    Representation

    NCAT is designed for people to represent themselves at hearing.  This provides a low cost, accessible and efficient means of resolving your dispute.

    At NCAT parties are encouraged to conduct your own case without representation.  Although this may seem daunting, you can expect to have your matter heard and determined fairly and according to law.

    Representing yourself also has its benefits by giving you direct control on how your case is presented to NCAT.  With the right preparation and organisation, you can be your own best advocate at the hearing.

    Requests for representation

    A request to be represented must be in writing and contain the following information:

    • The file number and parties’ names
    • The reason why you are seeking to be represented
    • The name and occupation of the proposed representative and whether or not that person is a lawyer/solicitor
    • A statement that the proposed representative has your permission to make decisions in your absence that are binding on you.

    You can apply to be represented in writing before the matter is heard or you can apply at a hearing.  the Tribunal Member will decide on the day if you can be represented.

    Your representative may be a lawyer, a real estate agent on behalf of a landlord, an advocate, friend or relative provided you authorise them to act on your behalf and allow them to make a decision at the hearing on your behalf.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.