Rose v Premier of Queensland Department, (Hon. Campbell Newman, Premier) and ors [2013] NSWSC 1363

Rose v Premier of Queensland Department, (Hon. Campbell Newman, Premier) and ors [2013] NSWSC 1363

Referral for pro bono assistance was appropriate because the Plaintiffs were self represented, had been unable to obtain continuing legal assistance, had limited financial means, and the proceedings as constituted were complex and unclear. It was in the interests of justice for all parties that the Plaintiffs receive assistance in understanding and articulating any maintainable claims. Given that referral and the pending dismissal motion by the 2nd and 36th Defendants, it was not appropriate to disallow the Amended Statement of Claim under r 4.10; instead, the appearing defendants were granted leave to file and serve motions to strike out or dismiss the proceedings on an abridged timetable.

Jurisdiction
Australia
Judgment Date
18 September 2013
Procedural Posture
Interlocutory Applications / Plaintiffs' Application for Pro Bono Assistance and Leave for Certain Defendants to File and Serve Motions to Strike Out the Statement of Claim or Dismiss the Proceedings
Outcome
Plaintiffs referred for pro bono legal assistance; leave granted to the 19th, 20th, 30th, 32nd and 33rd Defendants to file and serve motions to strike out the Statement of Claim or dismiss the proceedings; time for service abridged.
Legal Topics
['unrepresented Plaintiffs' 'pro Bono Legal Assistance' 'pleadings' 'service of Originating Process' 'strike Out or Dismissal of Proceedings']
['civil Procedure'] ['unrepresented Plaintiffs' 'pro Bono Legal Assistance' 'pleadings' 'service of Originating Process' 'strike Out or Dismissal of Proceedings']

Case Brief

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Procedural Posture

Interlocutory Applications / Plaintiffs' Application for Pro Bono Assistance and Leave for Certain Defendants to File and Serve Motions to Strike Out the Statement of Claim or Dismiss the Proceedings

Legal Issues

  1. 1 ['Whether the Plaintiffs should be referred for pro bono legal assistance under r 7.36 UCPR.' 'Whether the Amended Statement of Claim should be disallowed under r 4.10 sub-r (4) UCPR or whether defendants should instead be given leave to bring motions to strike out or dismiss the proceedings.' 'Whether time for service of any such motions should be abridged.']

Ratio Decidendi

Referral for pro bono assistance was appropriate because the Plaintiffs were self represented, had been unable to obtain continuing legal assistance, had limited financial means, and the proceedings as constituted were complex and unclear. It was in the interests of justice for all parties that the Plaintiffs receive assistance in understanding and articulating any maintainable claims. Given that referral and the pending dismissal motion by the 2nd and 36th Defendants, it was not appropriate to disallow the Amended Statement of Claim under r 4.10; instead, the appearing defendants were granted leave to file and serve motions to strike out or dismiss the proceedings on an abridged timetable.

Court Disposition

Plaintiffs referred for pro bono legal assistance; leave granted to the 19th, 20th, 30th, 32nd and 33rd Defendants to file and serve motions to strike out the Statement of Claim or dismiss the proceedings; time for service abridged.

Orders

  • ['I refer the Plaintiffs to the Registrar pursuant to r 7.36 UCPR for referral to a barrister or solicitor on the pro bono panel for legal assistance.' 'I grant leave to each of the 19th, 20th, 30th, 32nd and 33rd Defendants to file and serve a Notice of Motion to strike out the Statement of Claim or dismiss the...