Gremmer v Gremmer [2021] NSWSC 896

Gremmer v Gremmer [2021] NSWSC 896

It is in the interests of justice, given the defendant's financial position and apparent complexity of the case, to refer him for pro bono legal assistance to ensure a fair opportunity to present his defence.

Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Possession Claim / Interlocutory Application for Pro Bono Referral
Outcome
Application for referral to pro bono legal assistance granted; leave to file amended defence; directions hearing listed.
Legal Topics
['pro Bono Referral' 'strike Out of Defence' 'leave to Amend Defence']
['civil Procedure'] ['pro Bono Referral' 'strike Out of Defence' 'leave to Amend Defence']

Case Brief

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Procedural Posture

Possession Claim / Interlocutory Application for Pro Bono Referral

Legal Issues

  1. 1 ['Whether to refer the defendant for pro bono legal assistance under r 7.36 of the Uniform Civil Procedure Rules 2005']

Ratio Decidendi

It is in the interests of justice, given the defendant's financial position and apparent complexity of the case, to refer him for pro bono legal assistance to ensure a fair opportunity to present his defence.

Court Disposition

Application for referral to pro bono legal assistance granted; leave to file amended defence; directions hearing listed.

Orders

  • ['The defendant, Bernd Gremmer, is referred to the Registrar for referral to a solicitor or barrister on the pro bono panel for legal assistance.' 'The defendant has leave to file and serve an Amended Defence on or before Friday 17 September 2021.' 'Matter listed for directions at 9am on Friday 24 September 2021.']