Sharples v Australian Electoral Commission [2007] FCA 2102

Sharples v Australian Electoral Commission [2007] FCA 2102

Leave for a non-lawyer to represent the corporate applicant was refused as there was insufficient evidence of the representative's qualifications or experience, and the serious nature of the allegations in the proceedings made legal representation desirable.

Jurisdiction
Australia
Judgment Date
11 December 2007
Procedural Posture
Notice of Motion Regarding Representation by Non Lawyer / Interlocutory Application—application for Leave to Appear by Non Lawyer
Outcome
Leave to appear as sought dismissed; Second Applicant ordered to pay costs of First and Seventh Respondents.
Legal Topics
['corporations—right of Appearance' 'leave for Non Lawyer Representation' 'costs']
['practice and Procedure' 'civil Procedure'] ['corporations—right of Appearance' 'leave for Non Lawyer Representation' 'costs']

Case Brief

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Procedural Posture

Notice of Motion Regarding Representation by Non Lawyer / Interlocutory Application—application for Leave to Appear by Non Lawyer

Legal Issues

  1. 1 ['Whether leave should be granted to a corporation to be represented by a non-lawyer under O 4 r 14 of the Federal Court Rules' 'Whether the orders made by Spender J should be revisited' 'Entitlement to costs following dismissal of the motion']

Ratio Decidendi

Leave for a non-lawyer to represent the corporate applicant was refused as there was insufficient evidence of the representative's qualifications or experience, and the serious nature of the allegations in the proceedings made legal representation desirable.

Court Disposition

Leave to appear as sought dismissed; Second Applicant ordered to pay costs of First and Seventh Respondents.

Orders

  • ['That leave as sought in paragraph 1 of the Notice of Motion as filed on 29 November 2007 be dismissed.' 'The Second Applicant to pay the costs of the First and Seventh Respondents of and incidental to the hearing of that part of the Motion.']