Carnemolla v Adelaide Bank [2012] NSWCA 152

A lender was granted possession and the borrowers appealed. The lenders sought to strike out the appeal as an abuse of process. The borrowers sought pro bono referral by the court.

The law
Rule 7.36 UCPR makes provision for referral of a matter to a barrister or solicitor if the court is satisfied that it is in the interests of the administration of justice to so refer the litigants for that purpose. The rules provide that the court may take into account the means of a litigant, the capacity of a litigant to obtain legal assistance outside the scheme, the nature and complexity of the proceedings, and any other matter that the court considers appropriate.

The court granted the pro bono referral in the appeal given the borrowers were of limited means, legal aid had been refused, and the proceedings were complex.

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