10th Annual AIJA Tribunals Conference Melbourne

Session 8: Current Practical Matters of Interest to Tribunals and Tribunal Members

Lawyers in Tribunal Proceedings

David ParrySenior MemberState Administrative Tribunal

8 June 2007

Lawyers in Tribunal Proceedings

Lawyers in Tribunal Proceedings

• Lawyers who “get it” are of great benefit to tribunals and tribunal members;

• Tribunals and tribunal members have a role in educating lawyers to “get it”; and

• Tribunals and tribunal members must ensure that parties do not feel that they need to have a lawyer to obtain justice.

Lawyers in Tribunal Proceedings

The position in SAT

SAT is geared to self-represented parties. In most cases, one or both of the parties is not represented by a lawyer.

However, subject to three exceptions, parties have the right to be represented by a lawyer in all SAT proceedings.

Lawyers in Tribunal Proceedings

Lawyers who “get it” are of great benefit

Tribunals are tribunals, not courts. Our practices and procedures are intended to achieve the quick, just, cheap and proportionate resolution of disputes.

Tribunals in general, and SAT in particular, are radically different from courts in character and approach.

Lawyers in Tribunal Proceedings

“(a) to achieve the resolution or questions, complaints or disputes, and make or review decisions, fairly and

according to the substantial merits of the case;(b) to act as speedily and with as little formality and

technicality as is practicable, and minimise the costs to the parties; and

(c) to make appropriate use of the knowledge and experience of Tribunal members.”

Lawyers in Tribunal Proceedings

Yet it is in and around courts that most lawyers acquire their character and approach.

Lawyers in Tribunal Proceedings

Lawyers in Tribunal Proceedings

Educating lawyers to “get it”

• Publishing and publicising pamphlets, practice notes and practice directions;

• Giving explanations at the beginning and during proceedings;

• Making clear statements in decisions and ensuring that they are available and publicised;

Lawyers in Tribunal Proceedings

Educating lawyers to “get it”

• Actively seeking out and addressing relevant legal and community associations; and

• Conducting regular education and feedback sessions with lawyers and other interested persons.

Lawyers in Tribunal Proceedings

Self-represented parties must not feel that they need to have a lawyer

It is critical that self-represented parties generally do not feel that they must have a lawyer in order to obtain justice. There are exceptional cases where it is clear to a member that a party needs legal advice and the member should say so.

Lawyers in Tribunal Proceedings

Self-represented parties must not feel that they need to have a lawyer

A tribunal’s processes and publications, and the manner of both members and staff, should be such that self-represented parties feel comfortable in presenting their own case.