Marino (a pseudonym) v Bello (a pseudonym) (No 2)

In *Marino (a pseudonym) v Bello (a pseudonym) (No 2)*, Brereton JA of the Court of Appeal of New South Wales considered an application for legal assistance by an unrepresented appellant. The appellant had been granted leave to appeal, and it was anticipated that the appeal hearing would proceed without any opposing party present to argue against the appellant's case.

The central legal issue before the Court was whether there were "special reasons" to justify a referral of the appellant to a barrister for legal assistance on a pro bono basis, pursuant to rule 7.36 of the Uniform Civil Procedure Rules 2005 (NSW). The Court was required to determine if the circumstances of the case, particularly the lack of a contradictor, constituted such special reasons.

Brereton JA reasoned that the absence of a contradictor at the appeal hearing presented a special reason for granting the referral. The Court's role is to ensure justice is administered, and in the absence of an opposing party, the Court may not have the benefit of all relevant arguments being presented. Therefore, to ensure the appellant's case was properly ventilated and to assist the Court in its determination, a referral for pro bono representation was deemed appropriate.

Accordingly, pursuant to UCPR 7.36, Brereton JA ordered that the appellant be referred to the Registrar for referral to a barrister on the pro bono panel for legal assistance, specifically for representation generally in the conduct of the proceedings.