59Proceedings at hearings

59 Proceedings at hearings

(1) A hearing must be conducted with as little formality and technicality, and with as much expedition, as the requirements of the corporations legislation (other than the excluded provisions) and a proper consideration of the matters before ASIC permit. (2) At a hearing, ASIC: (a) is not bound by the rules of evidence; and (b) may, on such conditions as it thinks fit, permit a person to intervene; and (c) must observe the rules of natural justice. (3) Subject to subsection (4), Division 4 of Part 4 applies, so far as practicable, in relation to a hearing as if the hearing were a meeting of ASIC. (4) At a hearing before a Division of ASIC, 2 members of the Division form a quorum. (5) At a hearing, a natural person may appear in person or be represented by an employee of the person approved by ASIC. (6) A body corporate may be represented at a hearing by: (a) unless paragraph (b) applies—an officer or employee of the body corporate approved by ASIC; or (b) if the body corporate is a CCIV—any of the following persons approved by ASIC: (i) an officer of the CCIV (other than the corporate director of the CCIV); (ii) an officer or employee of the corporate director of the CCIV. (7) An unincorporated association, or a person in the person’s capacity as a member of an unincorporated association, may be represented at a hearing by a member, officer or employee of the association approved by ASIC. (8) Any person may be represented at a hearing by a barrister or solicitor of the Supreme Court of a State or Territory or of the High Court.