Imbk Pty Ltd v Zheng Tan

In the Federal Circuit and Family Court of Australia, Imbk Pty Ltd sought an order for the defendant, Zheng Tan, to pay costs. This arose from a dispute over unpaid fees for legal services rendered by Imbk Pty Ltd to Zheng Tan. The case before the Court was Zheng Tan's application for a referral to a barrister or solicitor on the Pro Bono Panel for legal assistance under the Uniform Civil Procedure Rules 7.36. The application was unsupported by sufficient evidence, prompting the Court to direct Zheng Tan to provide a further affidavit in support of the application. The Court considered it in the interests of the administration of justice that Zheng Tan have legal proceedings having regard to the nature and complexity of the proceedings.

The primary legal issue before the Court was whether Zheng Tan's application for legal assistance under UCPR 7.36 was supported by sufficient evidence. The Court had to determine whether Zheng Tan's means and capacity to obtain legal assistance outside of the statutory scheme were adequately demonstrated. The Court found that the evidence provided by Zheng Tan was inadequate, as it did not sufficiently address the nature and complexity of the proceedings, nor did it adequately demonstrate Zheng Tan's means and capacity to obtain legal assistance outside of the statutory scheme.

Upon reviewing the evidence, the Court concluded that Zheng Tan's application for legal assistance under UCPR 7.36 was not supported by sufficient evidence. The Court noted that the application did not provide sufficient details about Zheng Tan's means and capacity to obtain legal assistance outside of the statutory scheme, and that the evidence provided was inadequate in light of the nature and complexity of the proceedings. As a result, the Court refused the application. The Court emphasised that it was in the interests of the administration of justice for Zheng Tan to have legal representation given the complexity of the case, but that Zheng Tan had not provided adequate evidence to support the application for legal assistance.