CIVIL PROCEDURE — application for pro bono referral under r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW) — judicial review proceedings — referral made for legal advice only — no question of principle
Quick Take
1Under r 7.36 UCPR, a pro bono referral may be limited to advice only where the court considers it premature to order full representation, particularly where the merits of the underlying proceedings cannot yet be assessed and the court wishes the litigant to receive early guidance on potential defects in their case.
2A litigant's limited English-language capacity is a relevant matter in the exercise of discretion under r 7.36 UCPR, as recognised in S&P Gomez Pty Ltd t/as Cohuna Hotel Motel v Mohan Sundar t/as Sun Legal (No 2) [2026] NSWCA 13.
3In judicial review proceedings challenging a Mental Health Review Tribunal decision, the entity that applied for the detention order (here, the hospital) is a proper party that ought to be joined under r 59.3 and r 6.24 UCPR, as the Tribunal will ordinarily file a submitting appearance and an active contradictor is required.
