Ghosh v Medical Council of NSW

Dr Ghosh applied to the Supreme Court of New South Wales for a referral to the Pro Bono Panel for legal assistance in an appeal against a decision that he no longer practise medicine. The appeal concerned the merits of Dr Ghosh's challenge to the Medical Council of NSW's decision.

The primary legal issue before the Court was whether to grant Dr Ghosh's application for pro bono assistance, given the difficulty in identifying whether his appeal had merit. This required the Court to consider the criteria for such referrals, particularly in circumstances where the applicant is impecunious.

Leeming JA granted the application, limiting the pro bono assistance in the first instance to advice on the prospects of the appeal. This decision was made pursuant to rule 7.36 of the Uniform Civil Procedure Rules, acknowledging the need for legal advice to assess the viability of the appeal before committing further resources.