Bobolas v Waverley Council [2011] NSWCA 242

Referral for legal assistance is warranted due to lengthy delay and uncertainty in legal aid review, lack of alternative means for applicants, and the administration of justice requires legal representation.

Jurisdiction: Australia
Judgment Date: 08 August 2011
Procedural Posture: Appeal / Pre Hearing Order
Outcome: Applicants referred to Registrar for pro bono legal assistance; costs of the day to be costs in the appeal.
Legal Topics: ['client Legal Privilege' 'legal Incapacity' 'pro Bono Representation' 'referral for Legal Assistance' 'uniform Civil Procedure Rules']

['civil Procedure' 'local Government Law'] ['client Legal Privilege' 'legal Incapacity' 'pro Bono Representation' 'referral for Legal Assistance' 'uniform Civil Procedure Rules']

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Procedural Posture

Appeal / Pre Hearing Order

Legal Issues

1 ['Whether applicants should be referred to the Pro Bono Panel for legal assistance' 'Whether all communications between a client and Legal Aid Commission are privileged' 'Legal incapacity of a party under NSW Trustee and Guardian Act 2009']

Ratio Decidendi

Court Disposition

Applicants referred to Registrar for pro bono legal assistance; costs of the day to be costs in the appeal.

Orders

['Refer the applicants to the Registrar for referral to a barrister on the Pro Bono Panel for legal assistance in the hearing of the appeal on 7 October 2011 and any steps to be taken in preparation for that hearing.' 'The costs of today are to be costs in the appeal.']