Maxwell-Smith v S & E Hall Pty Ltd

Maxwell-Smith v S & E Hall Pty Ltd concerned an application by the applicants for referral to a legal practitioner on the Pro Bono Panel. The applicants sought this assistance pursuant to rule 7.36(2A) of the Uniform Civil Procedure Rules 2005 (NSW), having previously received assistance under a similar referral. The application was heard by Sackville AJA in the Supreme Court of New South Wales.

The central legal issue before the Court was whether the applicants had demonstrated "special reasons" to justify a further referral to the Pro Bono Panel under rule 7.36(2A). This rule permits the Court to refer a party to a legal practitioner for assistance if it is satisfied that special reasons exist.

Sackville AJA considered the history of the applicants' attempts to secure legal representation and the nature of the assistance previously provided. His Honour concluded that the circumstances did not meet the threshold of "special reasons" required by the rule. The Court therefore found that it was not empowered to grant the requested referral.

Consequently, the applicants' notice of motion was dismissed, with no order as to costs.