When considering a pro bono referral under UCPR r 7.36, the court will assess the merits of the underlying proceedings and will decline to refer claims that are hopeless, so as not to impose unfair burdens on volunteer practitioners. Negligence and gross delay by the Legal Aid Commission, even if unexplained, do not constitute evidence of lack of good faith for the purposes of s 27 of the Legal Aid Commission Act 1979 (NSW). A criminal conviction that has not been set aside bars collateral civil proceedings alleging the conviction was a miscarriage of justice.
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