Lazarus v Independent Commission Against Corruption

The applicants, Lazarus and others, sought to vacate a hearing date in proceedings against the Independent Commission Against Corruption (ICAC) and two other respondents. The application was made to allow counsel to provide a merit advice in connection with an application for Legal Aid. The matter came before Meagher JA.

The central legal issue before the Court was whether the hearing date should be vacated to permit the applicants to obtain a merit advice for a Legal Aid application. This required the Court to consider the principles governing the adjournment or vacation of hearing dates, particularly in circumstances where the applicants sought to secure funding for legal representation.

Meagher JA refused the application to vacate the hearing date. The reasoning applied was that the applicants had not demonstrated sufficient grounds to justify vacating a fixed hearing date. The Court implicitly considered the need for certainty in court scheduling and the potential prejudice to the respondents if the matter were adjourned. The applicants were ordered to pay the costs of the second and third respondents in relation to the application to vacate.