Lane v Northern NSW Local Health District (No 2) [2014] NSWCA 32

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lane v Northern NSW Local Health District (No 2) [2014] NSWCA 32 Hearing dates: 24 February 2014 Decision date: 24 February 2014 Before: Basten JA Decision: (1) Both the motions for pro bono assistance and vacation of the hearing date refused. (2) The costs of the motions are to be the respondent's 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: PRACTICE AND PROCEDURE - interlocutory application - vacation of hearing date - whether need to amend notice of appeal - unavailability of applicants' support person - whether need to take further steps to establish the competency of the appeal - consequence of late application

PRACTICE AND PROCEDURE - interlocutory application - application for referral for pro bono legal assistance - applicants lacking means to obtain legal assistance - attempts to obtain legal aid - proceedings largely turning on factual issues - consequence of late application - Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Category: Interlocutory applications Parties: Deirdre May Lane (First Applicant) Elizabeth Helen Lane (Second Applicant) Northern NSW Local Health District (Respondent) Representation: Counsel: