QLD Representation of Business / Company in Mediation

[sunnyDay]

Hi,

My small business is preparing for a mediation case. Who in the business, apart from the Director, is allowed to represent the business in the mediation? Can any employee do this?
Also, how likely are Courts to approve a formal request for representation by someone else, for reason that the Director is not fluent in English and would be at a disadvantage?

Thanks in advance.

 

[Rob Legat - SBPL]

What's the mediation pursuant to, and in what venue (i.e. court, tribunal, commission) is it being conducted?

 

[sunnyDay]

A minor civil dispute in QCAT.

 

[Rob Legat - SBPL]

QCAT has a fact sheet about who can appear in proceedings: https://www.qcat.qld.gov.au/__data/assets/pdf_file/0008/166886/appearance-at-QCAT.pdf

From this: Corporations may appear in the Tribunal through an officer who is authorised by the corporation to act for it. An officer includes an employee. These people do not need permission from the Tribunal - unless they are also a lawyer. The only exception to this is if all officers of the corporation are lawyers.

So any employee of the company can do so, so long as they are not a lawyer (unless every officer in the company is a lawyer). Mediation is a part of the proceedings.

What goes unsaid, however, is that the person appearing should have sufficient authority to make decisions on behalf of the company.

 

[sunnyDay]

So it is a matter for the company which employee (apart from lawyers) will appear for it at the mediation. Thanks for the information.

 

[Tim W]

Also, don't confuse having representation
with simply having an interpreter.
They are not the same thing.