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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I wish to appeal against the use of a barrister in a

Customer Question

Hi,
I wish to appeal against the use of a barrister in a jurisdictional case in fair work Australia. I need advice on reasons as I am NOT represented by any lawyers
thank you in anticipation
Norman.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You cannot argue against it as both parties have a right to have representation. If you do not wish them to have a barrister because you do not, the Tribunal will not make a decision on this, you will be granted an adjournment to get representation.

In relation to this type of case have they raised the question of Jurisdiction?

Customer: replied 10 months ago.
I owned a one man company set up for one reason, to satisfy australia post needs to pay me. I was terminated as I was set up and accused of delivering after 9 pm at night, where in fact I was NIGHTLY driving 45 km each way to collect my partner as she was banned from driving at night due to cataracts in both eyes. it was a setup and vendetta against me. I was harassed for 18 months as the lady boss of the facility I worked out of was in bed ( literally) as I witnessed him leaving her house often before her partner (a postie on a bike), was due home. She wanted him in my $100,000 year job, so his son could tale over HIS run, also $100,000. They have realised their mistake so are asking to have a jurisdiction hearing and want a expert barrister (Brendon Avalone from Melbourne) bought on to the case. I intend to take them to any court I can as I am right and have all necessary proof, and more. They say I am a contractor, I am previously advised as I am a one man band, working ONLY for Aust Post, no one else, no other works, signs on truck, Aust Post Clothing ete, I was regarded under the act as an employee. my mobile number is ***** 868 716, and I can ring you if required.Please help me prevent this or any Barrister coming on board.
Expert:  Leon replied 10 months ago.

You cannot prevent him from appearing. There is no provision.

But they are going to argue that you are not an employee but a contractor.

But I cannot give you anything to have the barrister not represent them.