Godla v Director of Public Prosecutions (NSW)

The applicant, Godla, sought a pro bono referral under rule 7.36 of the Uniform Civil Procedure Rules 2005 (NSW) and a non-publication order. The Director of Public Prosecutions (NSW) and the State of New South Wales were the respondents. The matter came before Kirk JA in the Court of Appeal of New South Wales.

The primary legal issue was whether the applicant was entitled to a pro bono referral, given the nature of the referral power and the applicant's circumstances. A secondary issue concerned the applicant's entitlement to a non-publication order, particularly in light of the public domain status of the information sought to be suppressed.

Kirk JA determined that the power to make a pro bono referral under rule 7.36 was administrative in nature and that the applicant had not provided sufficient evidence regarding their financial means to satisfy the requirements for such a referral. Furthermore, the court noted that the applicant had previously received pro bono assistance and was unlikely to accept further legal advice, which weighed against the grant of a referral. Regarding the non-publication order, the court found that the information the applicant sought to suppress was already in the public domain, rendering an order under the Court Suppression Act unnecessary and inappropriate.

Consequently, the applicant's notice of motion and application for a non-publication order were dismissed. The applicant was also ordered to pay the costs of the Director of Public Prosecutions (NSW) and the State of New South Wales.