Fair Work Ombudsman v Lu's Healthcare Pty Ltd

Fair Work Ombudsman (FWO) commenced proceedings against Lu's Healthcare Pty Ltd and Mr. Lu, alleging contraventions of the *Fair Work Act 2009* (Cth) relating to sham contracting arrangements. The matter came before Judge O’Sullivan of the Federal Circuit and Family Court of Australia for a penalty hearing.

The primary legal issue before the Court was whether to grant an application for Mr. Lu, a non-lawyer, to represent Lu's Healthcare Pty Ltd in the proceedings. This application was made in the context of the FWO's allegations of contraventions of the *Fair Work Act 2009* (Cth).

Judge O’Sullivan considered the principles governing the representation of corporations by non-lawyers. The Court noted that while there are exceptions to the general rule that a corporation must be represented by a lawyer, these exceptions are narrowly construed and require specific circumstances to be demonstrated. In this instance, the Court found that no sufficient grounds were established to permit Mr. Lu, a non-lawyer, to represent Lu's Healthcare Pty Ltd.

Consequently, the application for Mr. Lu to appear on behalf of the respondent company was dismissed.