De Varda v Austin

In *De Varda v Austin*, the applicants sought a referral to the Pro Bono Panel for legal assistance in relation to an appeal. This application had been previously dismissed. However, leave to appeal against a part of the first instance decision was subsequently granted, leading to the current application to determine whether this development materially altered the circumstances to warrant a referral.

The central legal issue before the court was whether the grant of leave to appeal constituted a material change in circumstances that justified reconsidering the earlier dismissal of the application for pro bono assistance. The court was required to assess if the new procedural development created a need for legal representation that was not present at the time of the initial refusal.

The court reasoned that the grant of leave to appeal fundamentally altered the applicants' position, creating a genuine need for legal representation in the appeal proceedings. This change in circumstances warranted a reconsideration of the initial refusal. The court ordered that the applicants be referred to the registrar for referral to a barrister on the pro bono panel. This assistance was to encompass advice on the notice of appeal and notice of contention, preparation of written submissions for the appeal, and appearance for the appellants at the appeal hearing.