Phu v New South Wales Department of Education and Training

In *Phu v New South Wales Department of Education and Training*, the applicant sought pro bono legal assistance for an appeal to the Court of Appeal. Legal Aid had refused assistance on the merits, and no solicitor on the Law Society's panel was willing to take the case. The Court was therefore required to consider whether the interests of justice warranted the grant of pro bono assistance.

The central legal issue before the Court was the threshold for granting an order for pro bono legal assistance in the Court of Appeal, particularly when an applicant is unrepresented and has been unsuccessful before two administrative tribunals. The Court had to balance the general principle that the interests of justice usually require a person with an arguable case to have an opportunity to present it to the court, against the fact that the case had already been heard twice and the applicant was appearing in person.

The Court acknowledged that while it should consider whether there is a real chance of success, it should not undertake a full consideration of the merits of the appeal at this stage. However, applying this principle, the Court found that although the applicant was appearing in person, there was no sufficiently arguable case to justify the grant of an order for pro bono assistance. Consequently, the application for pro bono assistance was dismissed.