The terms 'special circumstances' and 'exceptional circumstances' are synonymous when assessing whether a McKenzie friend should be permitted to make oral submissions. The Charter of Human Rights and Responsibilities Act 2006 (Vic) and the Equal Opportunity Act 2010 (Vic) do not circumscribe the court's discretion to refuse permission for a lay person to make oral submissions as a McKenzie friend. Section 91 of the Evidence Act 2008 (Vic) does not preclude a court from having regard to judicial observations about a proposed McKenzie friend's conduct in other proceedings when assessing their suitability.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.