
McKenzie friend - smacktoward
https://en.wikipedia.org/wiki/McKenzie_friend
======
airbreather
OK, I tell this story in case someone else might find any of it personally
useful, I would have at the right time.

I used application for a McKenzie friend as a tactic when self representing in
divorce court.

I self represented at my divorce trial and asked for a McKenzie friend, being
my now wife (who was not even known to me at initiation of divorce).

Reasons were many, first was the fact that a trial was rediculous for the
dollar amount and affairs involved, usually in our system financial affairs
are sorted without trial unless totalling many millions of dollars and in
substantial dispute. Otherwise costs dwarf results.

But my ex had totally refused to participate for five years of process leading
up to trial because she "wanted her day in court" for whatever reason to
explain how she was wronged.

She had spent huge sums on questionable legals, had 10k a day barrister and I
was on my own (because 3 years in I got sick of paying 500 and 1000 dollars
per letter from my legals, that were never answered, so I dismissed them and
went on my own). I wanted to highlight th inequity of the situation.

Secondly, was I was self represented and was going up against a barrister who
was with assisting paralegals.

I did not really have much up front idea of how it was going to go down or
even basic court procedures/protocol. My documents filled 6 large plastic
boxes and I had to go and buy a trolley before the day of the trial to carry
them into court. Finding specific things were a little difficult occasionally,
so McKenzie friend help would have been good just for this alone.

I also argued being on the spectrum I might be overwhelmed, need support,
blah, blah, blah, as much to make a point to the court - my ex had doctor
shopped a concoction of medical issues from bullshit doctors to argue she had
special needs (too sick to work, but not too sick to look after children) and
should get everything and full time care of children. Luckily on the day turns
out one of the main doctors was already known to the court as a bullshitter,
so turned that one dimension of the many problems evaporated.

Cutting the story short, the judge denied application for a McKenzie friend.
He actually seemed a little nervous about it, I am guessing it was fairly
irregular, so definately seemed to have some impact.

But, I defeated the barrister in the case, apparently virtually unheard of for
a self represented litigant.

Main difference in outcome was I did not have to pay a huge amount of fees my
ex had run up because her legal team had told her they were guaranteed to win
and I would pay.

I think what it did do for me (along with a few letters to our states Attorney
General) was that by asking for a McKenzie friend it drew the attention of the
court to the fact that I was not going down without a fight regarding the
gaming of the court rules by her legal team.

So they appointed the most senior judge available for what should have been a
trivial matter and usually given a junior magistrate. (I also had some
advantage because I did not have to play be the rules of the "club" and/or
show any professional courtesies - no love lost between engineers and lawyers,
particularly where I live).

As for the actual result, 65% awarded to my ex, but she spent it all the next
day paying off her legal fees. Now she lives in a small rented two bedroom
apartment and the alternate weeks the children spend with her she struggles to
feed them, despite her getting almost 2k a month child support. If she had
taken the first offer she would have kept the family home worth almost a mill.

So, real losers are the children.

Winners were the scumbag lawyers who got paid to drag it out for five years,
ignoring over a dozen court orders to try and settle, with no consequences.

That's family court for you, if you end up in the situation, stay out of court
at all costs by negotiating and settling early.

