Greenway v McKay

In *Greenway v McKay*, heard by the High Court of Australia, the central dispute concerned the necessity of providing notice to a defendant before an application for administration *ad litem* could be granted. This procedural application arose in the context of an action for death caused by negligence.

The High Court was required to determine whether the Administration and Probate Act 1890 (Vic) and the associated Probate and Administration Rules mandated notice to the defendant of an application for administration *ad litem*. The court also considered the circumstances under which such an order should be granted.

The Court held that notice of an application for administration *ad litem* was not a prerequisite for the granting of such an order. It reasoned that the purpose of administration *ad litem* was to enable a legal representative to be appointed to conduct litigation on behalf of an estate, particularly where the deceased's personal representative was unable or unwilling to act. The Court found that the relevant legislation and rules did not impose a requirement for notice to the opposing party in these circumstances, and that the primary consideration was the proper conduct of the litigation.

The High Court affirmed the order for administration *ad litem*.