Bandara v District Court of NSW [2016] NSWCA 14

Bandara v District Court of NSW [2016] NSWCA 14

The motion for assistance was dismissed because, although favourable inferences might have been drawn about the applicant's means and inability to obtain assistance, the proceedings largely involved factual matters understood by the applicant and the legal issues were not of such complexity as to make the case appropriate for referral for pro bono assistance under r 7.36. However, because the applicant was self-represented, the Court considered it would be assisted by an amicus curiae, and the existing hearing date was vacated so the matter could be prepared for hearing.

Jurisdiction
Australia
Judgment Date
15 February 2016
Procedural Posture
Application for Judicial Review; Interlocutory Application for Assistance to Conduct Matter / Notice of Motion Filed 15 February 2016 and Directions Before Hearing
Outcome
The applicant's notice of motion filed 15 February 2016 was dismissed with no order as to costs; the hearing date fixed for 1 March 2016 was vacated and directions were made for further preparation of the proceedings.
Legal Topics
['pro Bono Assistance' 'self Represented Litigant' 'amicus Curiae' 'interim Avo' 'final Avo' 'costs Orders' 'procedural Fairness' 'jurisdiction']
['practice and Procedure' 'judicial Review' 'apprehended Violence Orders'] ['pro Bono Assistance' 'self Represented Litigant' 'amicus Curiae' 'interim Avo' 'final Avo' 'costs Orders' 'procedural Fairness' 'jurisdiction']

Case Brief

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Procedural Posture

Application for Judicial Review; Interlocutory Application for Assistance to Conduct Matter / Notice of Motion Filed 15 February 2016 and Directions Before Hearing

Legal Issues

  1. 1 ['Whether the applicant should be referred to the Registrar to obtain pro bono assistance under Uniform Civil Procedure Rules 2005 (NSW), r 7.36.' 'Whether the nature and complexity of the judicial review proceedings made the matter appropriate for pro bono assistance.' 'Whether the hearing date fixed for 1 March 2016 should be vacated because the parties were not ready and an amicus curiae was to be appointed.']

Ratio Decidendi

The motion for assistance was dismissed because, although favourable inferences might have been drawn about the applicant's means and inability to obtain assistance, the proceedings largely involved factual matters understood by the applicant and the legal issues were not of such complexity as to make the case appropriate for referral for pro bono assistance under r 7.36. However, because the applicant was self-represented, the Court considered it would be assisted by an amicus curiae, and the existing hearing date was vacated so the matter could be prepared for hearing.

Court Disposition

The applicant's notice of motion filed 15 February 2016 was dismissed with no order as to costs; the hearing date fixed for 1 March 2016 was vacated and directions were made for further preparation of the proceedings.

Orders

  • ['The hearing date fixed for 1 March 2016 is vacated.' 'The applicant is to file and serve any further written submissions and any amended summons by 22 February 2016.' 'The fourth defendant (Director of Public Prosecutions (NSW)) is to file and serve a Chronology and any relevant affidavit by 26 February 2016.'...