Potier v Arnott
Case
•
[2012] NSWCA 5
•09 February 2012
Details
AGLC
Case
Decision Date
Potier v Arnott [2012] NSWCA 5
[2012] NSWCA 5
09 February 2012
CaseChat Overview and Summary
In *Potier v Arnott*, the applicant, Mr Potier, sought leave to appeal a decision of the court. The primary dispute concerned Mr Potier's request for the court to direct pro bono legal assistance for his application for leave to appeal. The matter came before Handley AJA in the Court of Appeal of New South Wales.
The central legal issue before the court was whether it had the power to direct pro bono legal assistance for an applicant seeking leave to appeal, and if so, whether such a direction should be made in the circumstances of this case. Mr Potier also sought an extension of time to file his summons for leave to appeal.
Handley AJA determined that the court did not have the power to compel legal practitioners to provide pro bono services. While acknowledging the importance of pro bono assistance, the court held that such assistance must be voluntary. The court did, however, grant an extension of time for Mr Potier to file his summons for leave to appeal, and directed that the application not be listed for at least five weeks to allow him to file further submissions. The court refused the specific direction for pro bono legal assistance.
The central legal issue before the court was whether it had the power to direct pro bono legal assistance for an applicant seeking leave to appeal, and if so, whether such a direction should be made in the circumstances of this case. Mr Potier also sought an extension of time to file his summons for leave to appeal.
Handley AJA determined that the court did not have the power to compel legal practitioners to provide pro bono services. While acknowledging the importance of pro bono assistance, the court held that such assistance must be voluntary. The court did, however, grant an extension of time for Mr Potier to file his summons for leave to appeal, and directed that the application not be listed for at least five weeks to allow him to file further submissions. The court refused the specific direction for pro bono legal assistance.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Procedural Fairness
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Standing
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Citations
Potier v Arnott [2012] NSWCA 5
Most Recent Citation
Attorney General in and for the State of New South Wales v Potier [2012] NSWSC 970
Cases Citing This Decision
2
Re Application of Malcolm Huntley Potier
[2012] NSWCA 222
Attorney General in and for the State of New South Wales v Potier
[2012] NSWSC 970
Cases Cited
9
Statutory Material Cited
3
Potier v Arnott
[2010] NSWSC 144
D'Orta-Ekenaike v Victoria Legal Aid
[2005] HCA 12
Potier v R
[2006] NSWCCA 27