Bank of Western Australia Ltd v Tannous (No. 2)

The Bank of Western Australia Limited sought a referral for pro bono representation in relation to proceedings brought against the applicant, Tannous, for admitted wrongdoing. The matter was heard in the Supreme Court of Western Australia. The court had to determine whether it was appropriate to refer the applicant for pro bono representation, considering the admitted wrongdoing that led to the proceedings, as well as the availability of pro bono resources.

The primary legal issue was whether the applicant, despite engaging in admitted wrongdoing, was nonetheless eligible for pro bono representation due to the nature of the dispute and the circumstances surrounding the case. The court examined the relevant statutory provisions governing referrals for pro bono representation, including the need to consider the availability of resources and the applicant's ability to contribute to legal costs. The court also considered the need to balance the applicant's right to access to justice against the broader availability of pro bono services.

The court concluded that, given the admitted wrongdoing that resulted in the proceedings being brought, and considering the limited availability of pro bono resources, the application for pro bono representation was not appropriate. The court emphasised the importance of considering the circumstances of each case when deciding on pro bono referrals and highlighted the need to allocate limited resources effectively. As a result, the application for pro bono representation was refused.

No further orders were made by the court.