Chaina v Presbyterian Church (NSW) Property Trust

Chaina (the appellant) sought a referral to a solicitor or barrister on the Pro Bono Panel under rule 7.36 of the *Uniform Civil Procedure Rules 2005* (NSW) in proceedings against the Presbyterian Church (NSW) Property Trust. The specific nature of the dispute between the parties is not detailed in the provided text, but the proceedings involved an appeal. The matter was before Emmett JA in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether the appellant qualified for and should be granted a referral to the Pro Bono Panel for assistance. This assistance was sought in relation to advice on the proceedings, drafting an amended notice of appeal, and representation at a future directions hearing. The court was required to consider the criteria and purpose of rule 7.36 in determining the application.

Emmett JA applied rule 7.36 of the *Uniform Civil Procedure Rules 2005* (NSW), which permits the court to refer a matter to the Pro Bono Panel for assistance. The court determined that the appellant's request for assistance in navigating the appeal process, including legal advice, drafting, and representation, warranted such a referral. The rule is designed to provide legal support to litigants who may otherwise be unable to obtain it.

Consequently, the court ordered that under rule 7.36, the matter be referred to the Registrar of the Court of Appeal for referral to a barrister or solicitor on the Pro Bono Panel. This referral was for the specific purposes of providing advice, drafting an amended notice of appeal, and representation at the next directions hearing. The appeal, along with a motion filed by the respondent, was adjourned for directions on 25 May 2015 before the referrals judge.