Harry v Inner West Council (No 2)

The case of Harry v Inner West Council (No 2) was heard by the Supreme Court of New South Wales. The plaintiff, Harry, sought pro bono legal assistance from the Legal Aid Commission for a judicial review proceeding against the Inner West Council. Harry had previously been referred for pro bono assistance but did not secure representation by the hearing date. The court had to determine whether this referral lapsed and if a further referral was permissible given two prior referrals within the preceding three years.

The court considered whether the initial referral for pro bono assistance lapsed when Harry failed to obtain representation by the hearing date. It also examined whether a further referral was available under the Civil Procedure Act 2005, given the two prior referrals within three years. The court needed to decide if there were special reasons to warrant a third referral. Additionally, the court addressed whether a stay of the hearing was appropriate to allow Harry to seek representation, pending the resolution of a criminal appeal in the District Court.

The court found that the initial referral for pro bono assistance lapsed as Harry did not secure representation by the hearing date. Given the two prior referrals within the preceding three years, the court held that a further referral was precluded in the absence of special reasons. The court determined that no special reasons were established for a third referral. Regarding the application to vacate the hearing date, the court found that the outcome of the criminal appeal was immaterial to the making of the declaration in the judicial review proceeding. The court declined to stay the hearing to allow Harry to seek representation, as there was no expectation that he would obtain representation if the hearing was delayed.

No orders were made regarding the referral for pro bono assistance. The hearing proceeded as scheduled.