Clark v State of New South Wales

The applicant, Mr Clark, sought leave to appeal from interlocutory orders made in proceedings against the State of New South Wales. The application for referral for pro bono assistance was made in the context of a lengthy history of proceedings. The matter came before Basten JA in the Court of Appeal of New South Wales.

The central legal issue before the Court was whether it was in the interests of justice to grant the referral for pro bono assistance, pursuant to rule 7.36 of the Uniform Civil Procedure Rules 2005 (NSW). This rule permits the Court to refer a matter for pro bono assistance in certain circumstances.

Basten JA considered the history of the proceedings and the applicant's prior requests for pro bono assistance. His Honour concluded that the criteria for granting such a referral were not met in this instance. The Court determined that the interests of justice did not favour the appointment of pro bono counsel at this stage of the proceedings.

Consequently, the application for referral to the registrar for the appointment of pro bono counsel was refused.