Potier v Attorney General in and for the State of New South Wales
Case
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[2014] NSWCA 256
•21 July 2014
Details
AGLC
Case
Decision Date
Potier v Attorney General in and for the State of New South Wales [2014] NSWCA 256
[2014] NSWCA 256
21 July 2014
CaseChat Overview and Summary
In the matter of *Potier v Attorney General in and for the State of New South Wales*, Mr Potier sought legal assistance from the Court. The specific nature of the dispute involved Mr Potier's challenge to orders made by the primary judge on 25 February 2014. The proceedings were before the Court of Appeal of New South Wales, with Leeming JA presiding.
The central legal issue before the Court was whether Mr Potier should be granted legal assistance through a pro bono referral. This question arose in the context of novel questions of statutory construction that were considered to be of general application, suggesting the case had broader implications beyond the immediate parties. The Court was required to determine if the circumstances warranted a referral to a barrister on the pro bono panel.
Leeming JA ordered that Mr Potier be referred to the Registrar for referral to a barrister on the pro bono panel. This legal assistance was to be confined, at least in the first instance, to Mr Potier's applications for leave to proceed concerning his challenge to the primary judge's orders. Crucially, the Court directed that the application for leave be determined separately from and prior to any appeal hearing. Consequently, the directions hearing scheduled for that day was vacated and the matter was to be relisted by the Registrar after the pro bono application was processed.
The central legal issue before the Court was whether Mr Potier should be granted legal assistance through a pro bono referral. This question arose in the context of novel questions of statutory construction that were considered to be of general application, suggesting the case had broader implications beyond the immediate parties. The Court was required to determine if the circumstances warranted a referral to a barrister on the pro bono panel.
Leeming JA ordered that Mr Potier be referred to the Registrar for referral to a barrister on the pro bono panel. This legal assistance was to be confined, at least in the first instance, to Mr Potier's applications for leave to proceed concerning his challenge to the primary judge's orders. Crucially, the Court directed that the application for leave be determined separately from and prior to any appeal hearing. Consequently, the directions hearing scheduled for that day was vacated and the matter was to be relisted by the Registrar after the pro bono application was processed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Statutory Interpretation
Legal Concepts
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Statutory Construction
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Appeal
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Procedural Fairness
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Standing
Actions
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Most Recent Citation
Pearce and Anor (formerly Pascoe) v Liprini [2014] NSWSC 1316
Cases Citing This Decision
6
Kostov v State of New South Wales
[2019] NSWCA 17
Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal
[2018] NSWCA 175
Potier v Attorney General (NSW)
[2015] NSWCA 129
Cases Cited
7
Statutory Material Cited
4
Attorney General in and for the State of New South Wales v Potier
[2014] NSWSC 118
Viavattene v Attorney General of New South Wales
[2014] NSWCA 218
Klewer v Attorney-General (NSW)
[2010] NSWCA 219