ACAT Authority to Act for a Corporation — How Businesses Respond to Civil Disputes

A company cannot speak for itself at ACAT. When a corporation or incorporated association is served with a civil dispute application, a real person has to appear for it. If that person is not a lawyer, they need paperwork proving they are authorised to do so. Without the required authority, ACAT can refuse to hear from the representative at the Directions Hearing — which, if no one else from the company is present, puts you in the same position as not attending at all.

Who Can Represent a Corporation at ACAT

Any of the following can appear on behalf of a corporate respondent:

• A director of the company
• A company secretary
• An officer or employee authorised by the board or by a director
• A solicitor or barrister engaged by the company
• An external agent authorised in writing by the company

A sole trader can appear personally. If a partnership is the respondent, the person appearing for it must be authorised to act for the partnership. Trusts operating through a corporate trustee still need the Authority to Act form for the trustee entity.

The Authority to Act for a Corporation Form

ACAT publishes a dedicated Authority to Act for a Corporation form (Approved Form, PDF 183KB). This form must be:

1. Completed with the company's full registered name, ACN or ABN, and registered office address
2. Signed on behalf of the company by a person authorised to do so, with their office identified
3. Accompanied by a company search, as the form requires
4. Lodged with the ACAT Registry together with Approved Form AF2021-29 (the civil dispute response)

If a non-lawyer individual is representing the company, their details go in Section 2 of AF2021-29 as well. Lodge both forms at the same time to avoid registry queries that eat into the usual 21-day response period; check the due date in ACAT's correspondence.

There is a separate Authority to Act for an Individual form (PDF 708KB / DOC 364KB) for cases where a person (not a corporation) wants a non-lawyer representative to appear on their behalf — for example, a family member or a friend. Do not mix up the two forms.

Practical Points

The form needs to be current. If the company changes its representative mid-proceedings (say the original director is unavailable for the hearing and an employee needs to step in), lodge an updated Authority to Act before the next listing date, along with a Notice of New Contact / Representation Details form updating the company's contact person on the file.

A representative who is not a lawyer cannot give legal advice during the hearing. They can present the company's case, refer to documents, and answer the Member's questions, but they are bound by the same rules as any self-represented party. If the dispute involves complex legal arguments, consider whether engaging a solicitor for the hearing makes commercial sense given the amount at stake.

Corporate respondents pay higher filing fees. If the company files a counterclaim under Section C of AF2021-29, the filing fee for a corporation is higher than for an individual at every tier. Check the current Court Procedures (Fees) Determination 2026 schedule before filing.

Getting It Right the First Time

For a non-lawyer representative, the Authority to Act form is a procedural prerequisite, not an optional extra. Without it, ACAT can refuse to let the representative participate, and the matter can proceed without your company's input. The ACAT Response Guide walks through all the forms, deadlines, and representation rules in the context of the full response process.

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