Eastern Metropolitan Regional Council v Four Seasons Construction Pty Ltd

(2000) 22 WAR 372; [2000] WASC 178

Supreme Court of Western Australia

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Representation of parties
3. › Body corporate
4. › Representation otherwise than by solicitor
5. › Distinction between defending an action and appearing as advocate
6. › Inherent jurisdiction of court to permit non-solicitor to appear for company
7. › Whether rare and exceptional circumstances established
8. › Supreme Court Rules 1971 (WA), O 12 r 1(2), O 4 r 3(2)
1. Practice and Procedure
2. › Representation of parties
3. › Body corporate
4. › Taking a step in proceedings
5. › Whether court may dispense with requirement for solicitor in absence of dispensing power
6. › Supreme Court Rules 1971 (WA), O 12 r 1(2)
1. Practice and Procedure
2. › Inherent jurisdiction
3. › Power to regulate proceedings
4. › Limits of inherent jurisdiction where rules impose specific prohibition
5. › Whether inherent jurisdiction can override explicit rule of court

Quick Take

In Western Australia, the prohibition in O 12 r 1(2) against a body corporate defending an action otherwise than by a solicitor extends to taking procedural steps (such as filing affidavits) but does not extend to appearing before the court as an advocate. The court retains inherent jurisdiction to permit a non-solicitor to appear as advocate for a company, but only in rare and exceptional circumstances, such as where the company is impecunious and the proposed representative has a close connection to the company and detailed knowledge of the dispute.