Wu v Nursing and Midwifery Board of Australia

The appellant, Ms. Wu, sought a referral for pro bono legal assistance under rule 7.36 of the Uniform Civil Procedure Rules (UCPR) in proceedings before Gleeson JA of the Supreme Court of New South Wales. The application arose in the context of an appeal where the grounds of appeal did not clearly identify a question of law.

The primary legal issue before the Court was whether Ms. Wu met the criteria for a referral for pro bono legal assistance under UCPR r 7.36. This rule requires, among other things, that the applicant demonstrate a lack of financial means and that the case involves a question of law.

Gleeson JA found that Ms. Wu had not established the necessary grounds for a referral. Her Honour noted that the grounds of appeal did not articulate a clear question of law, a prerequisite for such a referral. Furthermore, the Court was not satisfied that Ms. Wu was entirely without financial means, nor that she would be receptive to legal advice regarding potential defects in her case, which is an implicit consideration in assessing the utility of legal representation.

Consequently, the appellant’s application for referral for legal assistance under UCPR r 7.36 was dismissed.