Auburn City Council v Strak [2015] NSWLEC 180

Auburn City Council v Strak [2015] NSWLEC 180

The Court exercised its discretion under r 7.36 to refer the respondent for pro bono legal assistance and ordered provision of a Polish interpreter at trial, given his lack of means and language difficulties, and declined to order further mediation.

Parties
Applicant: Auburn City Council; Respondent: Jan Strak
Jurisdiction
Australia
Judgment Date
20 November 2015
Procedural Posture
Civil Enforcement Proceedings / Pre Trial Ruling
Outcome
Pre-trial orders granted in part; respondent referred to Pro Bono Panel for legal assistance and provision of interpreter ordered; request for further mediation refused.
Legal Topics
Pro Bono Referrals, Interpreter Assistance, Mediation, Civil Enforcement
Practice and Procedure Pro Bono Referrals Interpreter Assistance Mediation Civil Enforcement

Case Brief

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Parties

Auburn City Council

Applicant

Jan Strak

Respondent

Procedural Posture

Civil Enforcement Proceedings / Pre Trial Ruling

Legal Issues

  1. 1 Whether the respondent should be referred to a Pro Bono Panel for legal assistance
  2. 2 Whether the Court should provide an interpreter for the respondent at trial
  3. 3 Whether a further mediation should be ordered

Ratio Decidendi

The Court exercised its discretion under r 7.36 to refer the respondent for pro bono legal assistance and ordered provision of a Polish interpreter at trial, given his lack of means and language difficulties, and declined to order further mediation.

Court Disposition

Pre-trial orders granted in part; respondent referred to Pro Bono Panel for legal assistance and provision of interpreter ordered; request for further mediation refused.

Orders

  • Under r 7.36 of the Uniform Civil Procedure Rules 2005 the respondent is referred to the Registrar of the Court for a referral to a barrister or solicitor on the Pro Bono Panel for legal assistance by way of advice and representation of the respondent at trial.
  • The Registrar of the Court is to arrange for a Polish interpreter for the respondent at trial.