sec.515Simplified procedures

### sec.515 Simplified procedures The following procedures are the simplified procedures — except to the extent necessary to comply with chapter 14 , part 2 , a party is not required to disclose to another party a document in the possession or under the control of the party and directly relevant to an allegation in issue in a proceeding, unless the court otherwise orders; all parties must have all relevant documents available at the hearing; if ordered by the court, or agreed in writing by the parties, a party must not appear by— a lawyer; or a person who has a legal qualification under the laws of this or another State; or a person who is of the nature of a professional advocate; See also the Magistrates Courts Act 1921 , section 18 . the court— is not bound by laws of evidence or procedure applying to a proceeding in the court; and may inform itself of the facts in any way it considers appropriate; and must observe the rules of natural justice; and must record the reasons for its decision. Before making an order mentioned in subrule (1) (c) , the court must consider the following matters— the difficulty of any question of law or fact raised or likely to be raised in the proceeding; any prejudice likely to be caused to a party by the presence or absence of the representative; whether, under a contract of insurance, a party’s rights in relation to the claim have been subrogated to an insurer; whether the order is fair and equitable to the parties. An agreement mentioned in subrule (1) (c) must be filed. r 515 amd 2009 SL No. 162 s 2 sch sub 2009 SL No. 265 s 75 (sec.515-ssec.1) The following procedures are the simplified procedures — except to the extent necessary to comply with chapter 14 , part 2 , a party is not required to disclose to another party a document in the possession or under the control of the party and directly relevant to an allegation in issue in a proceeding, unless the court otherwise orders; all parties must have all relevant documents available at the hearing; if ordered by the court, or agreed in writing by the parties, a party must not appear by— a lawyer; or a person who has a legal qualification under the laws of this or another State; or a person who is of the nature of a professional advocate; See also the Magistrates Courts Act 1921 , section 18 . the court— is not bound by laws of evidence or procedure applying to a proceeding in the court; and may inform itself of the facts in any way it considers appropriate; and must observe the rules of natural justice; and must record the reasons for its decision. (sec.515-ssec.2) Before making an order mentioned in subrule (1) (c) , the court must consider the following matters— the difficulty of any question of law or fact raised or likely to be raised in the proceeding; any prejudice likely to be caused to a party by the presence or absence of the representative; whether, under a contract of insurance, a party’s rights in relation to the claim have been subrogated to an insurer; whether the order is fair and equitable to the parties. (sec.515-ssec.3) An agreement mentioned in subrule (1) (c) must be filed. - (a) except to the extent necessary to comply with chapter 14 , part 2 , a party is not required to disclose to another party a document in the possession or under the control of the party and directly relevant to an allegation in issue in a proceeding, unless the court otherwise orders; - (b) all parties must have all relevant documents available at the hearing; - (c) if ordered by the court, or agreed in writing by the parties, a party must not appear by— (i) a lawyer; or (ii) a person who has a legal qualification under the laws of this or another State; or (iii) a person who is of the nature of a professional advocate; Note— See also the Magistrates Courts Act 1921 , section 18 . - (i) a lawyer; or - (ii) a person who has a legal qualification under the laws of this or another State; or - (iii) a person who is of the nature of a professional advocate; - (d) the court— (i) is not bound by laws of evidence or procedure applying to a proceeding in the court; and (ii) may inform itself of the facts in any way it considers appropriate; and (iii) must observe the rules of natural justice; and (iv) must record the reasons for its decision. - (i) is not bound by laws of evidence or procedure applying to a proceeding in the court; and - (ii) may inform itself of the facts in any way it considers appropriate; and - (iii) must observe the rules of natural justice; and - (iv) must record the reasons for its decision. - (i) a lawyer; or - (ii) a person who has a legal qualification under the laws of this or another State; or - (iii) a person who is of the nature of a professional advocate; - (i) is not bound by laws of evidence or procedure applying to a proceeding in the court; and - (ii) may inform itself of the facts in any way it considers appropriate; and - (iii) must observe the rules of natural justice; and - (iv) must record the reasons for its decision. - (a) the difficulty of any question of law or fact raised or likely to be raised in the proceeding; - (b) any prejudice likely to be caused to a party by the presence or absence of the representative; - (c) whether, under a contract of insurance, a party’s rights in relation to the claim have been subrogated to an insurer; - (d) whether the order is fair and equitable to the parties.