Walker v Government Service of New South Wales State Transit Authority Division

[2017] NSWSC 519

Supreme Court

New South Wales

Medium Neutral Citation:	Walker v Government Service of New South Wales State Transit Authority Division [2017] NSWSC 519
Hearing dates:	28 April 2017
Decision date:	28 April 2017
Jurisdiction:	Common Law
Before:	McCallum J
Decision:	Plaintiff referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel
Legislation Cited:	Uniform Civil Procedure Rules 2005 (NSW), r 7.36
Category:	Procedural and other rulings
Parties:	Craig Walker (plaintiff) Government Service of New South Wales State Transit Authority Division (first defendant) Roads and Maritime Services (second defendant) Independent Commission Against Corruption (third defendant) Department of Premier and Cabinet (fourth defendant)
Representation:	Counsel: Plaintiff self-represented C Nelson (defendants)   Solicitors: Crown Solicitors NSW (defendants)
File Number(s):	2016/367380

Judgment

1. HER HONOUR: Before the Court is an application by Mr Craig Walker for referral to a barrister or solicitor on the pro bono panel for legal assistance. The application is made in respect of proceedings commenced by Mr Walker by statement of claim filed 7 December 2016.

2. The statement of claim names a number of defendants. The document appears to have been prepared by Mr Walker without the benefit of legal assistance. The burden of the claim appears to be a complaint as to Mr Walker’s employment conditions whilst he was employed by the State Transit Authority and what appears to be a claim of resultant personal injury, perhaps confined to an allegation of stress due to bullying and harassment. The very fact that it is difficult to discern the precise cause of action sought to be prosecuted supports the application for pro bono referral.

3. Mr Walker has filed an affidavit to support the application in which he states that he has been refused legal aid and refused pro bono assistance by The Law Society. His personal and financial circumstances are such that I am satisfied it would not be practicable or feasible for him to fund retaining a lawyer from his own resources. I am further satisfied in the circumstances that the Court and the parties would be assisted by his receiving legal assistance if it is available.

4. Pursuant to r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW), I refer Mr Walker to the registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance. The kind of assistance I specify is, in the first instance, advice in relation to the proceedings and consideration of amendment to the statement of claim.

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Decision last updated: 03 May 2017