Cangemi v Specialist Diagnostic Pathology Services Pty Ltd t/as Western Diagnostic Pathology

In *Cangemi v Specialist Diagnostic Pathology Services Pty Ltd t/as Western Diagnostic Pathology*, the applicant, Mr Cangemi, sought leave to be represented by a lawyer in proceedings before the Small Claims Procedure of the Fair Work Commission. The respondent, Western Diagnostic Pathology, opposed the application.

The central legal issue before the Commission was whether to grant the applicant leave to be represented by a lawyer, notwithstanding the general prohibition against legal representation in the Small Claims Procedure under section 548 of the *Fair Work Act 2009* (Cth). The Commission was required to consider the factors relevant to exercising its discretion under section 548(2) of the Act.

The Commission considered the purpose of the Small Claims Procedure, which is to provide a more informal and accessible dispute resolution mechanism. It noted that while the general rule is no legal representation, exceptions can be made where it is in the interests of justice. The Commission weighed the applicant's personal circumstances, the complexity of the issues, and the potential for an imbalance of power between the parties. Ultimately, the Commission found that the applicant had not demonstrated exceptional circumstances to warrant departing from the usual rule, and therefore, leave to be represented by a lawyer was refused.