The discretion to grant leave to an unqualified person to appear as an advocate under s 43(1)(b) of the District Court Act 1973 (NSW) should be regarded as a reserve or occasional expedient for exceptional circumstances. The relevant factors include: (a) the complexity of the case; (b) genuine difficulties of the unrepresented party such as emergencies or unexpected language difficulties; (c) the unavailability of disciplinary measures and duty to the court for lay advocates; (d) protection of the client and opponent; and (e) the public interest in effective and efficient disposal of litigation. A party's distrust of lawyers and poor command of English, where the party can afford legal representation, do not constitute exceptional circumstances warranting the grant of leave.
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