VIC Magistrates Court - Represent Employee Through Power of Attorney?

[Rod]

Hi guys,

I have someone that is about to take an employment matter to the Vic Magistrates Court or the Federal Circuit Court. If I obtain a general non-enduring power of attorney from the employee, can I represent the employee in court as a 'self-represented' litigant?

If yes to the above, can the employee claim my costs from the employer when the case is won?

 

[Tim W]

The way I see it, no, and no.

As a lay person, the best you can be is a McKenzie Friend,
and even then, there is no right to costs.

 

[Rod]

re: McKenzie friend scenario.

As the employee has a medically diagnosed language disability and is not able to adequately express themselves, would this make a difference to either of your answers?

IE: Does the court have a discretionary authority to make this ruling?

 

[Rod]

Update: It appears as though the Vic Magistrate rules allows for representation by a legal guardian for people with a disability:

Magistrates' Court General Civil Procedure Rules 2010 - Reg 15.03

But not sure how the legal guardian is appointed in the first place. Any clues?

 

[Tim W]

re: McKenzie friend scenario.

As the employee has a medically diagnosed language disability and is not able to adequately express themselves would this make a difference to either of your answers?

IE: Does the court have a discretionary authority to make this ruling?

1. Perhaps you are misunderstanding the term "litigation guardian", as provided for in the Rules.
   
   The person whom you purport to represent can apply for a "litigation guardian" (formerly guardian ad litem)
   to be appointed. But even then, the LG can only act through an Australian lawyer.
   So, no it's not a way for a well meaning law student to backdoor their way to the bar table.
   
   
2. Define "adequately".
   
   On the one hand, there's no great problem with you, private citizen, helping a disabled plaintiff or applicant
   to write up their Statement of Claim or Application, such as by typing it, or checking the spelling,
   or by having conversations with them to help them get their thoughts in order.
   Such conversations would not include giving legal advice. Indeed, they cannot.
   
   
3. On the other hand, there are myeariad ways in which the court can facilitate the giving of evidence by a disabled plaintiff or applicant,
   without resorting to a layman purporting to provide quasi-legal representation.
   
   
4. Understand that being an interpreter and being a representative are profoundly different kinds of work.
   The court will need both clear on which of them you are, and satisfied that you understand the scope of your functions.

 

[Rod]

no it's not a way for a well meaning law student to backdoor their way to the bar table

1. I won't make a good lawyer if I fail to explore all options for my clients

Define "adequately".

2. Asperger syndrome which is a cognitive disability. Suppose will have to try for legal aid.

3 & 4. The person can give evidence OK (ie answer direct questions), but likely not able to run their own case as they will end up confused about what steps to follow once in a stressful court situation.