A person appointed under a power of attorney has no right of audience in the Victorian Magistrates' Court under s 100(6) of the Magistrates' Court Act 1989. The phrase 'empowered by law to appear' requires specific statutory empowerment, not merely authorisation by the party. Appearing on behalf of a party in court constitutes engaging in legal practice within the meaning of s 2.2.2 of the Legal Profession Act 2004 (Vic), regardless of whether the representative is paid. A lay advocate's entitlement to appear remains at the court's discretion.
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