Sharmain Daisy Clarke v South Eastern Sydney Local Health District

In *Sharmain Daisy Clarke v South Eastern Sydney Local Health District*, the applicant sought a referral to a barrister or solicitor on the Pro Bono Panel under rule 7.36 of the Uniform Civil Procedure Rules (NSW). The respondent was the South Eastern Sydney Local Health District.

The central legal issue before the court was whether the applicant was entitled to a referral to the Pro Bono Panel, given that she had received pro bono assistance within the preceding three years and had not demonstrated any special reasons to justify a further referral.

The court considered rule 7.36, which permits a referral to the Pro Bono Panel where a party is unable to afford legal representation. However, the rule also contemplates that a referral may not be granted if the party has received assistance within the preceding three years, unless special reasons exist. In this instance, the applicant had previously received pro bono assistance and failed to establish any special circumstances that would warrant a further referral. Consequently, the court found that the criteria for a referral under rule 7.36 were not met.

The application was dismissed, and the applicant was ordered to pay the costs of the proceedings.