Kettle and Baker

In the Family Court of Australia, Justice Murphy considered applications made by the father in proceedings concerning parenting orders. The father sought the disqualification of Justice Murphy from hearing the matter and also sought to have a Mr B assist him with inspecting subpoenaed documents, either as a silent McKenzie Friend or as an agent. The father also made an oral application for Mr B to act as his advocate.

The court was required to determine whether to grant the father's applications for the disqualification of the judge, for Mr B to act as a silent McKenzie Friend, for Mr B to assist with inspecting subpoenaed documents, and for Mr B to act as an advocate. Additionally, the court considered an application by the Independent Children's Lawyer regarding the preparation of a family report and the inspection of subpoenaed documents.

Justice Murphy dismissed the father's application for disqualification, finding no basis for it. The court permitted Mr B to act as a silent McKenzie Friend for the father. However, the applications for Mr B to assist with inspecting subpoenaed documents or to act as an agent for this purpose were dismissed, as was the application for Mr B to act as an advocate in procedural hearings, though this did not preclude future applications regarding advocacy at interim or final hearings. The court also ordered the father to file an application concerning the Independent Children's Lawyer's proposed direction for a family report, to be heard on 8 December 2010. Directions were made regarding the provision of a s 69ZW Report and the inspection and copying of subpoenaed documents, with leave granted to the Independent Children's Lawyer to issue further subpoenae.