McGough v Minister for Finance

In the matter of *McGough v Minister for Finance*, heard before Judge Lucev, the applicant sought judicial review of the respondent's refusal to authorise an act of grace payment. The core of the dispute concerned the applicant's entitlement to such a payment and the Minister's decision-making process in denying the request.

The court was required to determine whether it should adjourn the proceedings pending mediation, and if so, what factors were relevant to that consideration. Central to this was the interpretation of provisions requiring the court to consider if alternative dispute resolution "may help" resolve the dispute and the obligation to "must advise" parties to use such methods.

Judge Lucev reasoned that the phrase "may help" indicated a broad discretion for the court to consider mediation, not a mandatory requirement. The court considered various factors, including the nature of the dispute, the potential for a mediated resolution to be more efficient and cost-effective than continued litigation, and the willingness of the parties to engage in the process. The court concluded that mediation was likely to assist in resolving the dispute.

Accordingly, the court ordered that the further hearing of the matter be adjourned pending mediation before a Registrar. If mediation did not resolve the dispute, the matter was to be relisted for a further directions hearing before Judge Lucev. Costs of the day were reserved.