Packer and Fulton

In proceedings before Hogan J, the applicant sought permission for a McKenzie Friend to assist him at a hearing. The respondent orally applied for an adjournment of the remaining counts of the Application – Contravention.

The court was required to determine whether to grant permission for the McKenzie Friend to assist the applicant, and whether to grant the respondent's application for an adjournment of the hearing. The court also needed to establish the terms upon which any adjourned hearing would proceed, including the filing of evidence and the consequences of non-compliance.

Hogan J granted the applicant permission for a McKenzie Friend to sit beside him to take notes and manage documents, but not to address the court. The court acceded to the respondent's oral application for an adjournment, adjourning the remaining counts of the Application – Contravention to a specific date. The court then made detailed orders regarding the filing and service of affidavit material by the respondent, stipulating that failure to comply would result in the respondent being unable to rely on further evidence without leave. The court also addressed the possibility of the applicant appearing via video link and noted that the process for cross-examination by video link would be facilitated.