5.1Small claims procedure

5.1 Small claims procedure

For subsection 69(8) of the Act, a party to small claims proceedings may be represented in the proceedings by an official of an industrial association: (a) in the following circumstances: (i) the proceedings are in the Federal Circuit Court; (ii) the Federal Circuit Court has granted leave for the official to represent the party; or (b) in the following circumstances: (i) the proceedings are in a court of a State; (ii) a law of the State allows the party to be represented by the official; (iii) the State court has granted leave for the official to represent the party in accordance with any rules of the court.

Note: For paragraph (b), a law of the State must also allow the party to be represented in that court in those circumstances by officials of bodies representing interests related to the matters in dispute: see subsection 69(9) of the Act.