Maxwell-Smith v Hall

In *Maxwell-Smith v Hall*, the applicant sought pro bono assistance under Rule 7.36 of the Uniform Civil Procedure Rules 2005 (NSW). The applicant had previously received pro bono assistance twice within the preceding three years. The court was required to determine whether the interests of justice favoured granting further pro bono assistance in these circumstances.

The central legal issue was the assessment of whether the appeal had reasonable prospects of success, which is a key criterion under Rule 7.36 for determining if the interests of justice are in the applicant's favour. The court also noted that the power to waive, postpone, or remit fees under the Civil Procedure Regulation 2005 (NSW) is a separate matter to be exercised by the Registrar upon a distinct application.

Campbell JA found that the prospects of success for the appeal were insufficient to warrant the granting of pro bono assistance. Consequently, the Notice of Motion seeking such assistance was dismissed.