Background:

• Marshall and Antonio Macciacchera, operating Smoothstreams.tv and associated corporate entities, appealed a decision and sought to represent the corporate appellants themselves in the appeal.

Legal Issues:

• Whether special circumstances existed allowing the individual appellants (Marshall and Antonio Macciacchera) to represent the corporate appellants in the court proceedings.

Court’s Analysis and Decision:

• The court emphasized that a corporation should normally be represented by a solicitor unless "special circumstances" justify representation by an officer, according to Federal Courts Rules.
• The Macciaccheras did not provide evidence, such as financial information, proving they couldn't afford legal representation, which is a crucial factor to establish "special circumstances."
• The court determined that the Macciaccheras failed to meet the high onus of demonstrating special circumstances, particularly the inability to afford a lawyer.

Outcome:

• The motion by the Macciaccheras to represent the corporate appellants was denied.
• The court ordered that the corporate appellants must appoint new solicitors of record within 30 days and file a fresh requisition for hearing within the same timeframe after retaining new counsel.
• No financial terms specified.