VIC What form to file in Magistrates' Court for Personal Safety Intervention Order?

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Max W

Active Member
27 November 2015
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Hi,

I am wanting to speak on behalf of my friend who is the Applicant in a Personal Safety Intervention Order matter listed at Melb Magistrates' Court.

I am admitted as a lawyer but don't practice - My question is, what form do I have to file to give appearance? Registry said Form 25 but that seems wrong as it is for criminal?
 

Tim W

Lawyer
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28 April 2014
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If you don't have a PC then without leave,
then you do you even have a right of audience...?
 

Rod

Lawyer
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27 May 2014
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Legal Practitioners use a notice of address for contact and service - similar to the form 25.

This is the Maggies Court and many operate on a semi formal basis particularly as they deal with SRPs a lot.

If the registry said use the Form 25, get it in early and see if they'll accept it. At worst they'll knock it back and explain why.

I am unclear if you are wanting to talk as a witness or McKenzie's friend. Remember you are not covered by insurance :)
 

Docupedia

Well-Known Member
7 October 2020
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794
If you don’t have a practising certificate, you may or may not be able to speak on behalf of your friend in the court.

The bigger problem if you is that you may be practising law without a valid practising certificate which will land you in all sorts of trouble - and you won’t have much hope of contesting it because the evidence will be in the court records.
 

Tim W

Lawyer
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28 April 2014
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I am unclear if you are wanting to talk as a witness or McKenzie's friend. Remember you are not covered by insurance :)
It's an important point, that.
A McKenzie Friend is almost never (read "never") allowed, as a lay person, to do lawyer-like work,
such as examining a witness, or make a submission or application.