39Representation of appellants and hearing of appeals

#### 39 Representation of appellants and hearing of appeals (1) An appellant may be represented at the hearing of his or her appeal before the Tribunal, or of a matter preliminary or incidental to the appeal, by a legal practitioner. (2) The Tribunal may hear and determine an appeal, or a matter preliminary or incidental to an appeal, notwithstanding the absence of the appellant. (3) An appellant is entitled to be present at the hearing of his or her appeal, or of a matter preliminary or incidental to the appeal: (a) in a case in which the regulations so provide; or (b) in any other case—with the leave of the Tribunal. (4) In this section, legal practitioner means a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory and, in relation to the hearing of an appeal, or of a matter preliminary or incidental to an appeal, at a place outside Australia, includes a person authorized by law to practice as a legal practitioner at that place.