Windsor v Health Care Complaints Commission (No 1)

In *Windsor v Health Care Complaints Commission (No 1)*, the New South Wales Court of Appeal considered an application by a party to a proceeding, Ms Windsor, seeking to have her legal representative, who held a power of attorney, appear on her behalf. The Health Care Complaints Commission was the respondent.

The central legal issue before the Court of Appeal was whether the grant of a power of attorney by a party to a proceeding conferred upon the attorney the right to appear in court on behalf of that party, notwithstanding the absence of formal legal representation.

The Court of Appeal determined that a power of attorney, while granting broad authority to manage the affairs of the principal, does not, in itself, confer a right to appear as legal counsel in court proceedings. The Court reasoned that the right to appear in court is a privilege governed by rules of court and professional conduct, which are distinct from the authority granted by a power of attorney. The Court noted that the power of attorney did not grant the attorney the status of a legal practitioner entitled to represent Ms Windsor in court. Consequently, the Notice of Motion was dismissed.