Rouvinetis v Knoll

Case

[2012] NSWCA 125

30 April 2012


Details
AGLC Case Decision Date
Rouvinetis v Knoll [2012] NSWCA 125 [2012] NSWCA 125 30 April 2012

CaseChat Overview and Summary

This matter concerned an appeal by Mr Rouvinetis against a decision of the District Court, with the primary issue being the propriety of the conduct of the trial. Mr Rouvinetis sought a referral to a legal practitioner on the Pro Bono Panel for assistance with the appeal.

The court was required to determine whether it was in the interests of the administration of justice to grant Mr Rouvinetis's application for referral. This involved considering whether his previous legal representative had ceased to act due to Mr Rouvinetis's refusal to accept advice, whether he would accept the advice of a referred legal practitioner, and his capacity to obtain other legal assistance, all within the context of the principle of open justice.

Basten JA applied rule 7.36 of the Uniform Civil Procedure Rules 2005 (NSW), which permits the court to refer a party to a legal practitioner for assistance. The court considered the applicant's circumstances, including the nature of the appeal and the potential for him to obtain alternative legal representation.

Pursuant to rule 7.36 of the Uniform Civil Procedure Rules 2005 (NSW), Mr Rouvinetis was referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance with the appeal.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Procedural Fairness

  • Standing

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Cases Citing This Decision

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Cases Cited

0

Statutory Material Cited

2