Submission: Call for clear guidelines for Amicus Curiae

In November 2006, the Human Rights Law Resource Centre and Blake Dawson Waldron made a joint submission to the Victorian Law Reform Commission Civil Justice Review, entitled 'Why are Non-Parties Non-Starters?  A Call for Clearer Procedures and Guidelines for Amicus Curiae Applications in Victoria'. The submission sets out:

  1. the distinction between amici curiae, interveners and other non-parties;
  2. the benefits of and potential disadvantages associated with amici curiae participating in proceedings;
  3. the current law in Australia and position in Victoria with respect to amicus curiae applications;
  4. problems with the current position in Victoria with respect to amicus curiae applications; and
  5. recommendations for reform.

The submission focuses on the rules and procedures for amicus curiae applications brought by public interest organisations (an area in which the HRLRC and BDW have had recent experience).  However, many of the recommendations contained in the submission are also relevant to interveners.