Robinson v Legal Aid Commission of New South Wales [2013] NSWCA 468

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Robinson v Legal Aid Commission of New South Wales [2013] NSWCA 468 Hearing dates: 19 December 2013 Decision date: 19 December 2013 Before: Basten JA; Barrett JA Decision: (1) Application for leave to appeal dismissed. (2) Applicant to pay the respondent's costs in this Court. [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: PROCEDURE - application for leave to appeal from summary dismissal of claim - claim foreclosed by High Court decisions with respect to immunity of witnesses and immunity of legal representatives from suit for conduct in the course of litigation - statement of claim revealing no arguable case - inappropriate vehicle for challenge to judgments of High Court

TORTS - negligence - alleged failure of court appointed expert in proceedings in the Family Court to disclose opinion contained in confidential letter to judge - failure of lawyers acting for children to disclose offer made by mother inconsistent with opinions expressed by expert in report - proceedings dismissed on basis of immunity of expert and lawyers with respect to such claims - matter in fact considered by trial judge in Family Court - Family Court orders subject to appeal to the Full Court of the Family Court - whether claim arguable Legislation Cited: Evidence Act 1995 (Cth), s 131 Cases Cited: Cabassi v Vila [1940] HCA 41; 64 CLR 130 D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; 223 CLR 1 Jones v Kaney [2011] UKSC 13; [2011] 2 AC 398 Category: Principal judgment Parties: Peter John Julian Robinson (Applicant) Legal Aid Commission of NSW (First Respondent) Maureen Power (Second Respondent) Dr Brent Waters (Third Respondent) Eva Karagiannis (Fourth Respondent) Representation: Counsel: