ADVOCACY - McKENZIE FRIEND
What is a McKenzie Friend and How Much Does it Cost?
A McKenzie Friend is a person who acts in a supporting role to a self-represented litigant, or party to a legal proceeding. Generally such a person is not a solicitor.
NSW Freedom of Information relates directly to proceedings predominantly conducted in the NSW Civil & Administrative Tribunal, NCAT.
The NCAT Act 2013 Section 45 (1) (b) (i) Representation of Parties states:
“A party to proceedings in the Tribunal may be represented by another person only if the Tribunal grants leave for that person to represent the party.”
Additionally in NSW, the Criminal Procedure Act 1986, Section 37 (2) Conduct of Case states:
“The accused person’s case may be conducted by the accused person or by the accused person’s Australian legal practitioner or any other person permitted to appear for the accused person (whether under this or any other Act).”
The case of R v Bow County Court; Ex Parte Pelling (1999) 4 All ER 751 (in the British Court of Appeal) discusses from Paragraph 5 The Role and Status of a McKenzie Friend, as being confined to providing assistance and advice to the unrepresented litigant in the conducting of the particular case. The term McKenzie Friend originates from the well-known case of McKenzie v McKenzie in 1970.
Concerning the Criminal Procedure Act 1986, Section 37 (2), “whether under this or any other Act” encompasses the NSW Civil & Administrative Tribunal Act 2013 (NCAT Act), and in that jurisdiction the “accused” is referred to as a Respondent.
This principle is also readily applied to a Plaintiff, the person commencing the proceedings, also referred to in some jurisdictions such as the NSW Civil & Administrative Tribunal as an Applicant.
Collectively, the legislations make clear a person can act in the supporting role of a McKenzie Friend in the NCAT with the NCAT’s permission, or granting of leave, founded on a solid history of legal precedence.
As part of the community services provided by NSW Freedom of Information, Advocate Telina Webb is able to act in the supporting role of a McKenzie Friend to a self-represented party to NCAT proceedings. A McKenzie Friend is not limited to sitting beside a party at the bar table of a Hearing room. A McKenzie Friend is able to assist discretely in the background to proceedings.
For more information about Telina Webb and her experience in the NCAT arena see Site Administrator.
Or use this contact form to start the conversation. Telina does not charge for support in the context of a McKenzie Friend within the NSW Civil & Administrative Tribunal - Administrative & Equal Opportunity Division.
A McKenzie Friend is a person who acts in a supporting role to a self-represented litigant, or party to a legal proceeding. Generally such a person is not a solicitor.
NSW Freedom of Information relates directly to proceedings predominantly conducted in the NSW Civil & Administrative Tribunal, NCAT.
The NCAT Act 2013 Section 45 (1) (b) (i) Representation of Parties states:
“A party to proceedings in the Tribunal may be represented by another person only if the Tribunal grants leave for that person to represent the party.”
Additionally in NSW, the Criminal Procedure Act 1986, Section 37 (2) Conduct of Case states:
“The accused person’s case may be conducted by the accused person or by the accused person’s Australian legal practitioner or any other person permitted to appear for the accused person (whether under this or any other Act).”
The case of R v Bow County Court; Ex Parte Pelling (1999) 4 All ER 751 (in the British Court of Appeal) discusses from Paragraph 5 The Role and Status of a McKenzie Friend, as being confined to providing assistance and advice to the unrepresented litigant in the conducting of the particular case. The term McKenzie Friend originates from the well-known case of McKenzie v McKenzie in 1970.
Concerning the Criminal Procedure Act 1986, Section 37 (2), “whether under this or any other Act” encompasses the NSW Civil & Administrative Tribunal Act 2013 (NCAT Act), and in that jurisdiction the “accused” is referred to as a Respondent.
This principle is also readily applied to a Plaintiff, the person commencing the proceedings, also referred to in some jurisdictions such as the NSW Civil & Administrative Tribunal as an Applicant.
Collectively, the legislations make clear a person can act in the supporting role of a McKenzie Friend in the NCAT with the NCAT’s permission, or granting of leave, founded on a solid history of legal precedence.
As part of the community services provided by NSW Freedom of Information, Advocate Telina Webb is able to act in the supporting role of a McKenzie Friend to a self-represented party to NCAT proceedings. A McKenzie Friend is not limited to sitting beside a party at the bar table of a Hearing room. A McKenzie Friend is able to assist discretely in the background to proceedings.
For more information about Telina Webb and her experience in the NCAT arena see Site Administrator.
Or use this contact form to start the conversation. Telina does not charge for support in the context of a McKenzie Friend within the NSW Civil & Administrative Tribunal - Administrative & Equal Opportunity Division.