Clark v State of New South Wales [2018] NSWSC 450

Clark v State of New South Wales [2018] NSWSC 450

Registrar fulfilled obligations under Uniform Civil Procedure Rules by making referral for pro bono assistance; no entitlement for applicant to direct referral nor for mandatory provision of assistance. Special reasons for further referral were considered by Adams J, but outcome depends on voluntary participation of legal profession. Applicant's circumstances did not justify stay of proceedings given need for just, quick, and cheap resolution, and disadvantages to respondents and witnesses of continued delay.

Jurisdiction
Australia
Judgment Date
12 April 2018
Procedural Posture
Civil Proceeding / Interlocutory Application Ruling on Notice of Motion for Pro Bono Assistance and Stay
Outcome
Notice of Motion dismissed. Applicant to amend Statement of Claim and pay respondents’ costs.
Legal Topics
['interlocutory Applications' 'pro Bono Legal Assistance' 'referral for Pro Bono Legal Assistance' 'stay of Proceedings' 'amicus Curiae' 'failure to Conform With Orders' 'statement of Claim' 'inherent Power' 'civil Procedure']
['civil Procedure'] ['interlocutory Applications' 'pro Bono Legal Assistance' 'referral for Pro Bono Legal Assistance' 'stay of Proceedings' 'amicus Curiae' 'failure to Conform With Orders' 'statement of Claim' 'inherent Power' 'civil Procedure']

Case Brief

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Procedural Posture

Civil Proceeding / Interlocutory Application Ruling on Notice of Motion for Pro Bono Assistance and Stay

Legal Issues

  1. 1 ['Whether the Registrar complied with obligations under Uniform Civil Procedure Rules in arranging pro bono legal assistance' 'Whether applicant is entitled to further pro bono referral despite prior assistance' 'Whether proceedings should be stayed pending applicant’s release from custody or receipt of legal assistance']

Ratio Decidendi

Registrar fulfilled obligations under Uniform Civil Procedure Rules by making referral for pro bono assistance; no entitlement for applicant to direct referral nor for mandatory provision of assistance. Special reasons for further referral were considered by Adams J, but outcome depends on voluntary participation of legal profession. Applicant's circumstances did not justify stay of proceedings given need for just, quick, and cheap resolution, and disadvantages to respondents and witnesses of continued delay.

Court Disposition

Notice of Motion dismissed. Applicant to amend Statement of Claim and pay respondents’ costs.

Orders

  • ['The Notice of Motion propounded on 31 January 2018 is dismissed.' 'The applicant is to file an amended Statement of Claim conforming to the orders made by Justice Schmidt on 20 June 2016 by 4 June 2018.' 'The applicant is to pay the costs of each respondent of the motion including the costs referrable to its...