McKenzie Friend

Family Law

What is a McKenzie friend?

If you are representing yourself in the Federal Circuit and Family Court as a Self-Represented Litigant, you are allowed to have someone sit next to you. This person is often called a McKenzie friend.

In court, a McKenzie friend can do the following:

1. Find the court room for you;
2. Take notes of what is said in the court room;
3. Organise your documents for you;
4. Hand you a document that you require or the judge requires
5. Quietly offer non legal advice to you;
6. Prompt you to ask questions; and
7. Observe the reaction of the Judge or the other litigant to what is being said in the court room.

In court, a McKenzie friend cannot speak for you, neither are they are a substitute for a lawyer. The McKenzie friend must be careful not to be seen assisting you too much. Passing notes and whispering in the ear is okay if done in small doses. However, if it becomes too much, the McKenzie friend could annoy the judge.

Out of the court room, a McKenzie friend can greatly assist you with your paperwork such as an affidavit and financial statement form. Depending on the ability and knowledge of your McKenzie friend, they can also do legal research for you and read the practice directions that the Federal Circuit and Family Court publishes. These practice notes provide clear instructions on how a matter is run in the Federal Circuit and Family Court.

A McKenzie friend can organise the assistance of a lawyer to go over your legal documents or to assist you.

Why use a McKenzie Friend?

Being in a court room can be very stressful. You might feel nervous, lack confidence in your ability and anger at being in the court room. Having someone to go to court with you and sit next to you in the courtroom assisting you will greatly lessen your stress levels.

A McKenzie friend can also be a second pair of eyes to go over your documents and the documents of the other side when preparing your case.

Who would not make a good McKenzie Friend?

We would advise that a relative who has a close relationship to you, should not be used as a McKenzie friend. They will not be able to remove themselves emotionally, especially if there are children involved.

Someone who is not used to paperwork and being organised.

Someone who is a show off, assumes they know the law or what the law should be changed to, rude, aggressive and does not know how to address appropriately for the Courtroom.

Who makes a good McKenzie friend?

Someone who is reasonably educated, used to dealing with paperwork and is organised. It needs to be a person you can trust and get on with.

Someone who is calm, rational, respectful and polite.

How do I ask the Court about a McKenzie friend?

It is best to inform to the court that you will be using a McKenzie friend before a final hearing. On the day of the final hearing, you must inform the clerk at the start of the trial that you are not represented by a solicitor and would like to have an assistant to help you with taking notes and occasional non legal advice. You do not need to use the words ‘McKenzie friend’ but if you do, it may make it clear to the court that you have done some preparation. Be prepared to know what a McKenzie friend can do and cannot do (have this written down in front of you). Just for extra security, it may help to have the actual McKenzie case in front of you (3 x copies: you, the court and the other side).

McKenzie v McKenzie (1970) 3 W.L.R. 472.

You would inform the court that the case is: McKenzie verses McKenzie, year 1970, volume 3, Weekly Law Reports, page 472. Remember that it is an English case, not Australian.

What we can do to assist you

As someone who has been a McKenzie friend in the past, I know what it is like to try and assist someone in the Family Court. We can assist in the preparation, review and finalisation of your court material such as an affidavit, case outline, financial statement, and other related documents. We can assist you on an as need basis so that you can control your legal costs.