Bobolas v Waverley Council [2011] NSWCA 242

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bobolas v Waverley Council [2011] NSWCA 242 Hearing dates: 8 August 2011 Decision date: 08 August 2011 Before: Basten JA at 1 Decision: (1) Refer the applicants to the Registrar for referral to a barrister on the Pro Bono Panel for legal assistance in the hearing of the appeal on 7 October 2011 and any steps to be taken in preparation for that hearing. (2) The costs of today are to be costs in the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EVIDENCE -privilege - client legal privilege - not all communications between a client and Legal Aid Commission privileged

PROCEDURE - civil - parties - legal incapacity of one named applicant -no involvement of manager under NSW Trustee and Guardian Act 2009 (NSW) - whether party to the proceedings - application by occupiers of the premises

PROCEDURE - civil - parties - request for pro-bono representation- not likely to obtain legal assistance outside the scheme - delay on part of Legal Aid Review Committee - Uniform Civil Procedure Rules 2005(NSW) Rule 7.36 Legislation Cited: Legal Aid Commission Act 1979 (NSW), ss 25, 57 Local Government Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 7.36; P 7, Div 9 Category: Procedural and other rulings Parties: Elena Bobolas - First Applicant Liana Bobolas - Second Applicant Mary Bobolas - Third Applicant