An amicus curiae intervener is not a party and may not file pleadings, adduce evidence, examine witnesses or lodge an appeal. They do not have to pay a court fee for filing an application for leave to appear and unlike a normal intervener they are generally not liable for the cost of the original parties. They are not entitled to obtain a costs order. The Sydney-based Public Interest Advocacy Centre welcomes the new report and its suggested reforms. PIAC's Assistant Director Andrea Durbach argued that in a country that prides itself on loyalty to the democratic process, amicus curiae intervention plays an important role in ensuring public participation in judicial law-making.
Legislators make law in consultation with citizens - where there's good democratic governance.
So too judges should be aware of the public dimensions of their law. If they want the public to follow that law and adhere to it the public should be given access to participate in its creation. Durbach said the lack of specific statutory recognition of amicus intervention makes it easy for courts to simply say no to an application for standing. The judiciary is concerned that an already overburdened legal system, with queues of litigants, will be further burdened by amicus curiae coming in and prolonging litigation. The legal profession is also fearful that an amicus intervener will undermine their client's position.