Pantano v The Queen

Case

[1991] HCATrans 176


Details
AGLC Case Decision Date
Pantano v The Queen [1991] HCATrans 176 [1991] HCATrans 176

CaseChat Overview and Summary

This matter came before the High Court of Australia for an application for directions, with Ms L. Johnson appearing for Mr Pantano and Mr S. Kavanagh appearing for the Crown. The central issue concerned the delay in obtaining legal aid for Mr Pantano, which had impacted the progress of his application for special leave to appeal.

The legal issues before the Court revolved around the timing of the legal aid application, the apparent failure of the Legal Aid Commission to locate the initial application, and the subsequent steps taken to secure legal representation and advice. The Court was also concerned with the efficient use of its own resources and the potential implications for the cost of litigation.

The Court expressed dissatisfaction with the explanation provided for the delay in the legal aid application, particularly the lack of follow-up by Mr Pantano's solicitors. His Honour indicated a contemplation of referring the papers to the Law Society. The solicitor for the Legal Aid Commission confirmed that an application was received on 6 June of the current year, with authorisation to obtain advice granted on 20 June. Ms Johnson confirmed the brief to the Public Defender was sent only a couple of days prior, with advice not yet received. The Court noted that the matter before it was limited to an appeal concerning severity.
Details

Areas of Law

  • Criminal Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Procedural Fairness

  • Standing

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