Batey-Elton & Elton (No 2)

The appeal involved a litigant who sought to have a non-lawyer advocate represent her in a family law case. The litigant, unable to respond to opposition material, wished for a non-lawyer to act on her behalf. The Court also had to consider an application to subpoena the National Transcription Service for audio recordings of previous hearings, as the litigant suspected they had been altered. The Court needed to determine whether the litigant could have a non-lawyer advocate and whether the litigant's concerns about the integrity of the audio recordings warranted investigation.

The Court ruled that permitting a non-lawyer to act as an advocate was not appropriate unless in extraordinary circumstances, and the litigant's situation did not meet this criterion. The Court also held that the appellate court's function did not include investigating suspicions of conspiracy, and the litigant's concerns about the audio recordings were not sufficient grounds for such an investigation. However, the Court granted leave for the litigant to subpoena the National Transcription Service for the original audio recordings of certain hearings, and all parties were allowed to listen to these tapes. The litigant's other applications were dismissed, and parts of the husband's response were also dismissed. The Court further extended the time for filing appeal books.

The Court made several orders to facilitate the appeal process, including extending the time for filing appeal books and outlines of argument. It also required the respondent and other parties to provide the appellant with copies of their submissions in opposition to the appeal. The Court granted leave to the appellant to subpoena the National Transcription Service for the original audio recordings of specified hearings and allowed all parties to listen to the tapes. The appellant's other application was dismissed, as were certain parts of the husband's response. The Court reserved the costs of the appellant's application and the hearing before the Court.