CPD Points Professional Skills (PS);Substantive Law (SL) [PS] [SL]
Delivered October 2020
Paper / Checklist (4 pages)
Video recording / videocast
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Section 596 of the Fair Work Act 2009 requires a person to obtain permission from the Fair Work Commission to be represented by an external lawyer.
Until recently to be ‘represented’ was understood to mean to have a lawyer present your case at a hearing.
However in Fitzgerald v Woolworths Limited  FWCFB 2797, a Full Bench held that a lawyer was not able to assist a party to present their case without permission. This has created uncertainty as to what can be done without permission and led to a situation where parties can (and are) litigating as to the extent to which the other can obtain legal assistance prior to a hearing.
In this session, DP Barclay will provide observations from the bench about how practitioners can best address the requirements under s.596 and how to engage with the bench as a representative.
Craig Green will set out the case law in this area and why there needs to be a legislative change.
Simon Gates, Barrister ACT
About the Presenter:
Hugh Selby is a barrister specialising in criminal defence work. He co-runs the only specialist criminal practice Masters of Law (LL.M) in the country. Hugh is also the author, contributor, and editor of various works on expert evidence, advocacy, appellate practice, coronial practice, civil pleading, policing, and current legal issues. He edits all the technical chapters (some 75) in the Expert Evidence service. His other training activities are with lay and expert witnesses.