ANNESE v General Crane Services Pty Ltd

In *Annese v General Crane Services Pty Ltd*, the applicant sought leave to be represented by a legal practitioner in proceedings commenced in the Small Claims Division of the Magistrates' Court of Victoria. The respondent opposed this application.

The central legal issue before the Court was whether to grant the applicant leave to be represented by a legal practitioner, notwithstanding the general prohibition against legal representation in the Small Claims Division. The Court was required to consider the factors relevant to the exercise of its discretion in such matters.

Judge Kendall granted leave to the applicant, finding that the complexity of the case, the potential for significant financial disadvantage to the applicant if unrepresented, and the applicant's limited capacity to understand and navigate the legal process weighed in favour of granting representation. The Court applied the principles established in *R v Small Claims Tribunal; Ex parte W.M.C. Holdings Pty Ltd* and other relevant authorities, emphasising that the overarching consideration is the achievement of a just and fair outcome. The Court noted that while self-representation is generally encouraged in the Small Claims Division to promote accessibility and reduce costs, exceptional circumstances can justify departing from this principle.