Rizk v FA Constructions Australia Pty Ltd

The parties to this matter were Rizk (the applicant) and FA Constructions Australia Pty Ltd (the respondent). The dispute concerned an application by the applicant for a referral for pro bono legal assistance in relation to an appeal. The applicant sought an order for such assistance to extend to the preparation and appearance on the appeal, whereas the initial referral was limited to advice on the prospects of success. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the decision of the primary judge, limiting the pro bono referral to advice on the prospects of success, was amenable to review under section 46(4) of the *Supreme Court Act 1970* (NSW). This section governs the review of interlocutory decisions of a single judge of appeal. A secondary issue was whether, in any event, the decision to limit the scope of the pro bono referral was appropriate given the history and nature of the litigation.

The Court determined that the decision was not amenable to review under section 46(4) of the *Supreme Court Act 1970* (NSW). Furthermore, the Court found that the decision to limit the pro bono referral to advice on prospects of success was appropriate, considering the specific circumstances and history of the litigation. The Court did not elaborate further on the specific reasons for this appropriateness beyond referencing the history and nature of the proceedings.

Consequently, the notice of motion filed by the applicant on 6 May 2016 was dismissed.