Djukanovic v Southern Television Corporation Limited

The parties to this matter before the High Court of Australia were Miss S Djukanovic, appearing in person, and Southern Television Corporation Limited, represented by Ms E.F. Nelson, QC, and Mr J.G. Ward. Miss Djukanovic sought an adjournment of her application for special leave to appeal. The dispute concerned a workers' compensation issue arising from a motor vehicle accident that occurred on 18 November 1980, during a journey to or from work. This workers' compensation matter stemmed from a judgment of Justice Olsson in the Industrial Court, which had been appealed to the Full Court of the Supreme Court.

The legal issues before the High Court included whether an adjournment of the application for special leave to appeal should be granted, and whether there was a conflict of interest in the representation of the respondent. Miss Djukanovic objected to Ms Nelson representing the respondent, alleging a conflict of interest due to Ms Nelson's prior role as chairman of the Legal Practitioners Disciplinary Tribunal in a matter involving a former solicitor who, according to Miss Djukanovic, initiated the problem in the first place. Miss Djukanovic contended that this prior matter was interrelated to the current workers' compensation issue.

Justice Wilson indicated that the question of conflict of interest did not appear material at that point. Ms Nelson, for the respondent, opposed the application for special leave, highlighting a significant delay in the proceedings. She noted that the applicant had lodged a notice of motion in the High Court on 22 March 1985, but no further action was taken until the application for special leave was filed on 28 August 1987, more than two years later. Ms Nelson also stated that the applicant had engaged numerous solicitors and counsel during this period. Justice Wilson observed that the withdrawal of counsel within a week of the hearing date would, objectively, supply grounds for an adjournment.