The Court of Appeal affirmed a single judge's refusal to allow a suspended legal practitioner to appear as a McKenzie friend, holding that the discretion to permit a McKenzie friend was properly exercised where the proposed friend had prepared affidavits containing scandalous and irrelevant material, such that his involvement would impede proceedings and disadvantage the litigant. The Court also noted that s 203 of the Legal Practice Act 2003 (WA) removes any entitlement of a suspended practitioner to represent persons in court, meaning leave is required before such a person may appear even as a McKenzie friend.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.