Rahman v Berwick [2017] NSWSC 1497

Rahman v Berwick [2017] NSWSC 1497

Although the proceedings may be misconceived, Mr Rahman's limited means, inability to obtain Legal Aid or Law Society assistance, current lack of representation, and the complexity of the proceedings warranted referral for legal assistance; the interests of the administration of justice required an order under r 7.36.

Jurisdiction
Australia
Judgment Date
26 October 2017
Procedural Posture
Application Under R 7.36 Uniform Civil Procedure Rules 2005 (nsw) for Referral to a Barrister for Legal Advice / Procedural Ruling
Outcome
Referral ordered.
Legal Topics
['pro Bono Scheme' 'referral for Legal Assistance' 'professional Conduct of Barrister' 'ncat Appeal' "compensation and Refund of Barrister's Fees"]
['legal Profession' 'civil Procedure'] ['pro Bono Scheme' 'referral for Legal Assistance' 'professional Conduct of Barrister' 'ncat Appeal' "compensation and Refund of Barrister's Fees"]

Case Brief

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Procedural Posture

Application Under R 7.36 Uniform Civil Procedure Rules 2005 (nsw) for Referral to a Barrister for Legal Advice / Procedural Ruling

Legal Issues

  1. 1 ['Whether Mr Rahman should be referred to a barrister for legal assistance under r 7.36 Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the present summons may be misconceived because appeals from NCAT concerning professional conduct of legal practitioners are assigned to the Court of Appeal by s 48 Supreme Court Act 1970 (NSW).' 'Whether Mr Rahman may have a more appropriate avenue of redress, including a claim in professional negligence.']

Ratio Decidendi

Although the proceedings may be misconceived, Mr Rahman's limited means, inability to obtain Legal Aid or Law Society assistance, current lack of representation, and the complexity of the proceedings warranted referral for legal assistance; the interests of the administration of justice required an order under r 7.36.

Court Disposition

Referral ordered.

Orders

  • ['I refer Mr Rahman to the Registrar for referral to a barrister for advice as to the merits of his present summons, and advice generally on his rights, if any, to seek redress or compensation from the barrister.']