Where a tribunal is aware that an unrepresented party has misunderstood the nature or outcome of proceedings, proceeding to determine the matter adversely to that party without correcting the misapprehension constitutes a denial of procedural fairness, particularly where the tribunal is subject to statutory obligations equivalent to s 73(4) of the ADT Act. The proper test for leave under s 96 of the Anti-Discrimination Act 1977 is whether it is fair and just to grant leave in the particular circumstances, and care should be taken not to add a gloss such as requiring a 'substantial reason'.
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