A proposed McKenzie friend who was involved in the proceedings at first instance and whose conduct is inextricably connected with the issues on appeal is in a position of conflict that weighs heavily against the grant of leave. The discretion to allow a McKenzie friend must be carefully controlled to ensure the safeguards of proper legal representation are not eroded. Section 65 of the Court Procedures Act 2004 (ACT) does not authorise a person without a current practising certificate to appear as a legal representative.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.