Edward Kheder v President of the Mental Health Review Tribunal [2013] NSWSC 2051

Edward Kheder v President of the Mental Health Review Tribunal [2013] NSWSC 2051

Given Mr Kheder's long-term incarceration and lack of adequate legal representation, it is in the interests of the administration of justice that he be referred for legal assistance under the pro bono scheme to support any application seeking review or cessation of his incarceration or liberty order.

Parties
Plaintiff: Edward Kheder; First Defendant: President of the Mental Health Review Tribunal; Second Defendant: Greg James; Third Defendant: Attorney General in and for the State of New South Wales
Jurisdiction
Australia
Judgment Date
18 December 2013
Procedural Posture
Interlocutory Application / Legal Assistance Referral
Outcome
Referral for pro bono legal assistance granted
Legal Topics
Legal Assistance, Forensic Patient Incarceration, Review of Incarceration, Administration of Justice
Mental Health Law Criminal Law Civil Procedure Legal Assistance Forensic Patient Incarceration Review of Incarceration Administration of Justice

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Parties

Edward Kheder

Plaintiff

President of the Mental Health Review Tribunal

First Defendant

Greg James

Second Defendant

Attorney General in and for the State of New South Wales

Third Defendant

Procedural Posture

Interlocutory Application / Legal Assistance Referral

Legal Issues

  1. 1 Whether Mr Kheder requires legal assistance under the pro bono scheme to seek review or cessation of his incarceration or liberty order
  2. 2 Whether failure to provide proper representation affects administration of justice

Ratio Decidendi

Given Mr Kheder's long-term incarceration and lack of adequate legal representation, it is in the interests of the administration of justice that he be referred for legal assistance under the pro bono scheme to support any application seeking review or cessation of his incarceration or liberty order.

Court Disposition

Referral for pro bono legal assistance granted

Orders

  • Refer Mr Kheder and, to the extent necessary, his Guardian Ad Litem the Registrar of the Court, for the purposes of referral to a barrister and/or solicitor on the panel of the pro bono legal assistance scheme. The referral is for the purpose of advice in relation to any and all proceedings seeking a review or the...