Being represented by an agent
Parties appearing in the Land Court often engage the services of a lawyer to represent them. Lawyers offer clients professional skill and expertise. They are accountable to their professional bodies and to the Court. They are also covered by insurance for any potential liability claims made against them by their clients.
However, a party may choose to represent themselves or be represented by an agent.
Before deciding to be represented by an agent, you should give careful consideration to the suitability and skill of the agent. You should be aware that agents (unlike lawyers) are not required to have professional indemnity insurance cover when representing clients before the Land Court. If you hire an agent and they have no professional indemnity insurance, you may find it difficult to get compensation if serious errors are made by the agent.
In some proceedings in the Land Court, costs are awarded against the unsuccessful party. If the winning party has engaged an agent to represent them, then it is unlikely the agent’s fees can be recovered from the unsuccessful party.
You may be asked by your agent to sign a waiver to remove your right to make a claim against the agent if you’re unhappy with outcome of the proceedings. You should be aware that you are engaging an agent who may not have to accept any responsibility for the outcome of the proceedings.
If you act as an agent for parties in the Land Court, we expect you to read this information and provide a copy to any party you intend to represent.
When agents first advise the court of their involvement in the proceeding, they must confirm to the court that they have done so.