Priest v West & Anor

[2011] VSCA 186

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Amicus curiae
3. › Friend of the court
4. › Application for leave to appear
5. › Whether applicant able to identify issue on which court would require assistance beyond that provided by parties
6. › Whether Minister's responsibility for administering statute provides basis for leave
1. Practice and Procedure
2. › Amicus curiae
3. › Role and function
4. › Criteria for granting leave
5. › Whether intervention apt to assist court
6. › Whether intervention in parties' interest
7. › Whether intervention will occupy time unnecessarily or add to costs
1. Practice and Procedure
2. › Intervention
3. › Attorney-General
4. › Whether Minister responsible for administration of statute has right or standing to intervene
5. › Independence of judiciary from executive guidance on public policy
6. › Coroners Act 2008 (Vic)

Quick Take

A Minister's responsibility for administering a statutory scheme does not, without more, provide a basis for leave to appear as amicus curiae. An applicant for leave to appear as a friend of the court must identify a specific issue of fact or law on which the court would be assisted beyond what the parties can provide. A non-party's desire to be present at a hearing to monitor whether submissions might be needed is not 'good cause' for granting leave.