QLD District Court - Director's Presence at Company's Proceeding?

Discussion in 'Commercial Law Forum' started by R_H, 6 November 2018.

  1. R_H

    R_H Member

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    Hello all,

    Per the title of my post, I just wanted to find out the following:

    1. In a commercial case (in this case as a defendant), if a company is being sued (district court), does the director of the company need to be present at the proceedings or is it sufficient to merely have the company's legal representative present?

    2. If the answer to the above question is that that the director does generally have to be present, does this also apply for example when orders are being sought from the court for a deferral of the hearing date - so more procedural matters?

    Thanks for any feedback on the above - I searched for a few hours and couldn't find the answers to the above.
     
  2. Rob Legat - SBPL

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    Generally, someone with the relevant authority to make decisions for the client should be at all major hearings (i.e. a director, and at trial). Other than that, it's not usually necessary. Your lawyer should let you know what they want you present for.
     
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  3. R_H

    R_H Member

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    Great thanks for taking the time to respond Rob. I guess a director could also grant someone power of attorney to attend and make relevant decision on their behalf?
     
  4. Rob Legat - SBPL

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    As long as the power of attorney validly covers the type of decision, and the lawyer is comfortable taking instruction that way.
     
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  5. R_H

    R_H Member

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    Awesome! Thanks for that Rob.
     
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