Lane v Northern NSW Local Health District (No 2)

In *Lane v Northern NSW Local Health District (No 2)*, the applicants sought an interlocutory order to vacate a hearing date and an order for referral for pro bono legal assistance. The respondent was the Northern NSW Local Health District. The application to vacate the hearing date was based on the unavailability of a support person for the applicants and the need to amend the notice of appeal. The application for pro bono assistance arose from the applicants' lack of means to obtain legal representation, despite attempts to secure legal aid, and the fact that the proceedings largely turned on factual issues.

The court was required to determine whether the applicants had established a sufficient basis to vacate the scheduled hearing date, considering the late stage of the application and the need to amend the notice of appeal. Furthermore, the court had to assess whether the applicants had met the criteria for referral for pro bono legal assistance, particularly in light of their financial circumstances and the nature of the appeal. The court also considered the consequences of the late applications for both requests.

Basten JA refused both the motion for pro bono assistance and the motion to vacate the hearing date. The reasoning for refusing the vacation of the hearing date likely involved the lateness of the application and the absence of a compelling reason to disrupt the court's schedule, especially given the need to amend the notice of appeal. The refusal of the pro bono referral suggests that the applicants did not satisfy the requirements for such assistance, possibly due to the nature of the factual dispute or other unstated considerations.

Consequently, both the motions for pro bono assistance and vacation of the hearing date were refused. The costs of these motions were ordered to be the respondent's costs in the appeal.