In fact, the NSW Civil Administrative Tribunal explicitly requires the Tribunal’s explicit permission for a person to be represented by somebody else, including a lawyer.
But tribunal's decision is binding on the commercial entity, should it be found at fault and incurs penalties for avoidance or non-compliance with the decision.
Sure, but if it's a corporation, who is going to represent the corporation besides a lawyer? In the US, some states explicitly do not allow a lawyer and require a different officer of the company represent them, but plenty do allow lawyers.
If Paris is taking Apple to the tribunal, there's no single human equivalent to Paris on Apple's side. This seems like the exact sort of situation where a lawyer is approved to represent somebody else.
Under common law, lawyers (in the US sense) are not required on either side in the case of handling a dispute or a small claim.
Specifically in Australia, the company would have a complaint department, and the case would be dealt with by a complaint officer, not a lawyer.
If the scope of the case exceeds the tribunal's authority, the case is handled in the state's district court or in a federal court for cross-jurisdictional matters. The official title of the person representing the defendant (e.g. a company) in a courtroom is the barrister, but the case documentation and legal advice are provided by a solicitor.
We send an in-house lawyer to represent us at every mediation and hearing.
Every complaint that goes to an official body is dealt with by the lawyers at that point. Only if they complain directly to us does our “complaints department” handle it.
Only certain NCAT case types give an automatic right to representation, so a company can have a «lawyer» appear without seeking leave. NCAT’s own guidance[1] lists these as:
Administrative review and regulation
Professional discipline
Retail leases
Then there is also a separate provision in the Consumer and Commercial Division for high value claims (e.g. over AU$30k) – NCAT’s guideline indicates it will usually permit legal representation where the other party has a lawyer, where there are complex issues, or where a party would be disadvantaged without representation.Since I do not know the nature and specifics of your Australian organisation, I have nothing else of significance to contribute on that particular topic.
To sum it up, the most common dispute scenarios involve the following sequence of events: consumer ↝ complaint department ↝ state/federal level regulator, e.g. Department of Fair Trading (NSW), ACCC (federal) or similar ↝ ombudsman or xCAT or a court. The regulatorory step can sometimes be skipped.
[0] https://ncat.nsw.gov.au/how-ncat-works/prepare-for-your-hear...
[1] https://ncat.nsw.gov.au/how-ncat-works/prepare-for-your-hear...
Stripe terms allow them to hold the funds until 'investigation' is concluded but while held, they have the right to invest the funds and keep the profit.