Maxwell-Smith v Hall & Anor [2012] NSWCA 205

Maxwell-Smith v Hall & Anor [2012] NSWCA 205

No order for pro bono assistance is made as the applicants had previously received referrals within three years and there are no reasonable prospects of success in the appeal, particularly due to the judge's proper disclosure and lack of objection; application for fee waiver also dismissed as this is to be determined by the Registrar.

Jurisdiction
Australia
Judgment Date
25 June 2012
Procedural Posture
Interlocutory Application / Notice of Motion Seeking Pro Bono Assistance and Waiver of Fees in Leave to Appeal Proceedings
Outcome
Notice of Motion dismissed
Legal Topics
['pro Bono Assistance' 'waiver of Fees' 'procedural Fairness' 'appeal Prospects' 'judicial Disclosure']
['practice and Procedure'] ['pro Bono Assistance' 'waiver of Fees' 'procedural Fairness' 'appeal Prospects' 'judicial Disclosure']

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Procedural Posture

Interlocutory Application / Notice of Motion Seeking Pro Bono Assistance and Waiver of Fees in Leave to Appeal Proceedings

Legal Issues

  1. 1 ['Whether pro bono assistance should be granted under UCPR 7.36 where applicants previously received referrals' 'Whether there are reasonable prospects of success in the appeal based on alleged procedural unfairness due to judicial disclosure and lack of objection' 'Whether court fees should be waived or dealt with by the Registrar under Civil Procedure Regulation 2005 reg 11']

Ratio Decidendi

No order for pro bono assistance is made as the applicants had previously received referrals within three years and there are no reasonable prospects of success in the appeal, particularly due to the judge's proper disclosure and lack of objection; application for fee waiver also dismissed as this is to be determined by the Registrar.

Court Disposition

Notice of Motion dismissed

Orders

  • ['Application for pro bono assistance dismissed' 'Application for court fee waiver dismissed']