Arambatzis v Foundas (No 3)

In *Arambatzis v Foundas (No 3)*, the Court of Appeal of New South Wales considered an application by Mrs Foundas, an unrepresented litigant, for an extension of a stay of execution of a writ for possession. The proceedings involved a Notice of Motion that had been transferred from the Supreme Court to the Court of Appeal. The Bar Association had previously provided pro bono assistance but indicated that no further assistance would be provided without an additional referral.

The primary legal issues before the court were whether to grant a further extension of the stay of execution, and whether to make a further referral for pro bono assistance. The court also addressed the procedural matter of transferring the Notice of Motion to the Court of Appeal, and the relevance of the Bar Association's guidelines regarding ongoing assistance.

Brereton JA reasoned that the extension of the stay was not opposed and was necessary to allow the matter to progress towards a hearing. Regarding pro bono assistance, the court emphasised the ongoing effect of a previous referral and made a further referral, noting that the conditions for ceasing ongoing assistance had not been satisfied. The court considered the Bar Association's guidelines not to be determinative in this instance.

The court ordered that Mrs Foundas file and serve further evidence and submissions by 6 September 2021, with the respondents to file and serve their response by 27 September 2021. The proceedings were adjourned to 11 October 2021 before the Registrar for the allocation of a hearing date. The stay of execution was further extended to 11 October 2021. The Notice of Motion was formally transferred to the Court of Appeal, and the applicant was referred for further pro bono assistance. The Registrar was directed to provide a copy of the reasons for judgment to specified court officials and the President of the Bar Association.