The discretion under s 62(6) of the VCAT Act to appoint a representative for an unrepresented party is broad and rarely exercised. A party's inability to self-represent due to mental health conditions does not automatically entitle them to appointed representation; the tribunal may consider the party's financial capacity to retain their own representation, the complexity of the case, and whether the party can provide instructions. A substantial damages award in other proceedings may support an inference that the party can afford legal representation.
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