Secure Funding Pty Ltd v Hamilton (No. 2) [2022] NSWSC 990

Secure Funding Pty Ltd v Hamilton (No. 2) [2022] NSWSC 990

The defendants were referred for pro bono assistance because the Court was satisfied under r 7.36 of the UCPR that referral was in the interests of the administration of justice, that the defendants lacked funds for legal assistance, that Mr Hamilton did not understand what was required to progress the matter, and that the matter would stall and unacceptable delays would ensue without such assistance.

Jurisdiction
Australia
Judgment Date
25 July 2022
Procedural Posture
Civil Procedure; Possession Proceedings / In Chambers on the Papers; Application for Referral for Pro Bono Assistance
Outcome
Application granted; defendants referred for pro bono assistance.
Legal Topics
['unrepresented Defendants' 'possession' 'pro Bono Referral' 'further Amended Defence']
['civil Procedure'] ['unrepresented Defendants' 'possession' 'pro Bono Referral' 'further Amended Defence']

Case Brief

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Procedural Posture

Civil Procedure; Possession Proceedings / In Chambers on the Papers; Application for Referral for Pro Bono Assistance

Legal Issues

  1. 1 ['Whether the defendants should be referred under UCPR 7.36 for pro bono assistance of a barrister to draft a Further Amended Defence, advise on prospects of any available defences, and appear.' 'Whether the referral was in the interests of the administration of justice because the matter would stall and unacceptable delays would ensue without assistance.']

Ratio Decidendi

The defendants were referred for pro bono assistance because the Court was satisfied under r 7.36 of the UCPR that referral was in the interests of the administration of justice, that the defendants lacked funds for legal assistance, that Mr Hamilton did not understand what was required to progress the matter, and that the matter would stall and unacceptable delays would ensue without such assistance.

Court Disposition

Application granted; defendants referred for pro bono assistance.

Orders

  • ['Pursuant to UCPR 7.36, the defendants are referred for the pro bono assistance of a barrister to draft a Further Amended Defence and to advise on prospects of any available defence(s), and to appear.']