Doepgen v Mugarinya Community Association Incorporated

[2014] WASCA 67

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Procedural fairness
3. › Right to legal representation
4. › Civil tribunal proceedings
5. › Whether tribunal obliged to ensure unrepresented party has legal representation
6. › Whether tribunal obliged to refer party to pro bono assistance scheme
7. › State Administrative Tribunal Act 2004 (WA), s 32(6), s 105
1. Administrative Law
2. › Tribunals
3. › State Administrative Tribunal
4. › Obligations to unrepresented parties
5. › Pro bono assistance scheme
6. › Whether non-statutory scheme creates obligation on tribunal to refer parties

Quick Take

Procedural fairness does not require a civil tribunal to adjourn proceedings of its own motion to refer an unrepresented party to a non-statutory pro bono legal assistance scheme. The [name withheld] principle requiring legal representation is confined to serious criminal proceedings and does not extend to civil tribunal hearings.