De Varda v Austin [2019] NSWCA 133

De Varda v Austin [2019] NSWCA 133

Due to the grant of leave to appeal on grounds of a real question of procedural fairness regarding the vexatious proceedings orders, and the applicants' lack of means, it was in the interests of justice to grant referral to the pro bono panel for legal assistance in the appeal process.

Jurisdiction
Australia
Judgment Date
27 May 2019
Procedural Posture
Civil Appeal / Interlocutory Application—order for Pro Bono Referral Pending Appeal Hearing
Outcome
Application for referral to pro bono panel granted; application for stay refused
Legal Topics
['pro Bono Legal Assistance' 'vexatious Proceedings' 'procedural Fairness' 'appeals']
['civil Procedure'] ['pro Bono Legal Assistance' 'vexatious Proceedings' 'procedural Fairness' 'appeals']

Case Brief

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Procedural Posture

Civil Appeal / Interlocutory Application—order for Pro Bono Referral Pending Appeal Hearing

Legal Issues

  1. 1 ['Whether a material change in circumstances justified a pro bono referral under r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Whether the applicants were denied procedural fairness before vexatious proceedings orders were made' 'Scope of the referral for legal assistance in the appeal']

Ratio Decidendi

Due to the grant of leave to appeal on grounds of a real question of procedural fairness regarding the vexatious proceedings orders, and the applicants' lack of means, it was in the interests of justice to grant referral to the pro bono panel for legal assistance in the appeal process.

Court Disposition

Application for referral to pro bono panel granted; application for stay refused

Orders

  • ['The applicants be referred to the registrar for referral to a barrister on the pro bono panel for legal assistance, including provision of advice on appeal, preparation of written submissions, and appearance at the appeal hearing.']