In the present circumstances, applying in particular, the reasoning contained in the Judgment in the Warrell case, I consider that unnecessary formality would be created by the granting of permission for legal representation. Further, a manifest unfairness between the respective Parties would emerge if permission was granted and an imbalance created between an unrepresented applicant against the employer’s external legal representatives. The resultant imbalance created by the appearance of more advantageous representation of the employer against the applicant should be avoided, particularly in circumstances where complexity has not been established. Therefore, the fairness criterion has, in this instance, operated strongly against the granting of permission.
Gupta v Murrin Murrin Operations Pty Ltd (2016) FWC 2300 12 April 2016 per Cambridge C
And see Nadeem and others v Serco Australia Pty Limited (2016) FWC 2237 delivered 8 April 2016 per O’Callaghan SDP