Deluux Pty Ltd v Mini-Tankers Pty Ltd [2007] NSWIRComm 101

Industrial Court of New South Wales

CITATION: Deluux Pty Ltd v Mini-Tankers Pty Ltd [2007] NSWIRComm 101

APPLICANT: Deluux Pty Ltd PARTIES: RESPONDENT: Mini-Tankers Pty Ltd

FILE NUMBER(S): 4640 of 2005

CORAM: Marks J

Unfair contract proceedings - applicant represented by an agent not an Australian legal practitioner - motion to have proceedings struck out on the basis that they are a nullity - differentiation between the Commission as industrial tribunal and as a Court - s166(2) confined to conciliation proceedings other than those before the Court - legislature's intention that only qualified persons represent parties in proceedings before a court - agents are not compelled to observe obligations and comply with responsibilities inherent in the Legal Profession Act and rules of practice - community interests - breach of s14 of the Legal Profession Act does not render proceedings a nullity rather an irregularity capable of being cured by an order restraining participation in proceedings - order that agent refrain from representing applicant in proceedings CATCHWORDS: Inconsistent legislation - held s166 of Industrial Relations Act should be construed subject to s14 of Legal Profession Act Legal Profession Act - s14 precludes representation before Industrial Court by an agent who is not an Australian Legal Practitioner

Industrial Relations Act 1996 s106, 109, 166 Occupational Health and Safety Act 2000 Industrial Relations Commission Rules 1996 r75, 107, 202, 209, 213-217 Industrial Relations Amendment (Industrial Agents) Act 2002 s90A Uniform Civil Procedure Rules 2005 r42.3 LEGISLATION CITED: Legal Profession Act 2004 s13, 14, 347 Civil Procedure Act 2005 Land and Environment Court Act 1979 Legal Profession Amendment Act 2006 Solicitors' Rules r17, 18, 19, 23 Criminal Procedure Act 1986 s36 Legal Profession Act 1987 s48B