Bandara v District Court of NSW

The applicant, Mr Bandara, sought judicial review of decisions made by the District Court of NSW and the Local Court concerning apprehended domestic violence orders (AVOs) and associated costs orders. The proceedings also involved an application for pro bono assistance.

The central legal issues before the court were whether the applicant lacked the means to prepare written submissions and, consequently, whether the case was appropriate to be referred for pro bono assistance. The court also considered the appointment of an amicus curiae.

Gleeson JA noted that the proceedings largely turned on factual issues. The court ultimately decided to vacate the hearing date and directed the applicant to file and serve further written submissions and any amended summons. The Director of Public Prosecutions (NSW) was also required to file and serve a chronology and relevant affidavit. The court indicated its intention to appoint an amicus curiae to provide written submissions and appear at the hearing. The applicant's notice of motion for pro bono assistance was dismissed with no order as to costs.