Young v Roads and Maritime Services

Case

[2016] NSWCA 291

17 October 2016


Details
AGLC Case Decision Date
Young v Roads and Maritime Services [2016] NSWCA 291 [2016] NSWCA 291 17 October 2016

CaseChat Overview and Summary

In *Young v Roads and Maritime Services*, the applicant, Maureen Mary Young, sought legal assistance in relation to leave granted by the Court. The dispute concerned the appropriateness of a pro bono referral under the Court's referral scheme, particularly given the applicant had previously received a referral and the current application related to a special leave application. The matter came before Beazley ACJ.

The central legal issue before the Court was whether it was in the interests of justice to refer the applicant for legal assistance to provide advice concerning the leave previously granted. This required the Court to consider the scope and application of the pro bono referral scheme in the context of the applicant's circumstances and the nature of the legal matter.

Beazley ACJ was satisfied that a referral was in the interests of justice. The Court applied the principles governing its pro bono referral scheme, which allows for the provision of legal assistance where it is deemed appropriate and in the interests of justice. The Court's reasoning led to the conclusion that the applicant should be referred to the Registrar for referral to a barrister for legal assistance to advise on the leave granted.

Consequently, the Court ordered that the applicant be referred to the Registrar for referral to a barrister for legal assistance to give advice in relation to the leave granted. The notice of motion filed on 11 October 2016 was otherwise dismissed.
Details

Areas of Law

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Judicial Review

  • Standing

  • Procedural Fairness

  • Remedies

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Cases Cited

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Statutory Material Cited

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