Potier v Attorney General in and for the State of New South Wales [2014] NSWCA 256

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Potier v Attorney General in and for the State of New South Wales [2014] NSWCA 256 Hearing dates: 21 July 2014 Decision date: 21 July 2014 Before: Leeming JA Decision: 1. Refer Mr Potier to the Registrar for referral to a barrister on the pro bono panel for legal assistance, that legal assistance at least in the first instance to be confined to the applications for leave to proceed in respect of his challenge to the orders made by the primary judge on 25 February 2014, noting that the application for leave is to be determined separately from and prior to the hearing of any appeal. 2. Vacate the directions hearing before the Registrar that is scheduled at 3pm today. The matter will be re-listed before the Registrar on a date to be fixed by him following his application to the pro bono panel. [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 - pro bono referral - novel questions of statutory construction of general application - referral ordered Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW), s 4 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Vexatious Proceedings Act 2008 (NSW), ss 8, 9 Cases Cited: Klewer v Attorney General in and for the State of New South Wales [2010] NSWCA 219 M v Director General, Department of Family and Community Services [2013] NSWCA 118 Margan v NSW Director of Public Prosecutions [2013] NSWCA 196 Martin v Attorney General for the State of New South Wales [2014] NSWCA 189 Patsalis v State of New South Wales [2012] NSWCA 307; 81 NSWLR 742 Viavattene v Attorney General of New South Wales [2014] NSWCA 218 Category: Interlocutory applications Parties: Malcolm Huntley Potier (Applicant) Attorney General in and for the State of New South Wales (Respondent) Representation: Counsel: In person (Applicant) D Galbraith (Respondent) Solicitors: NSW Crown Solicitor (Respondent) File Number(s): 2014/176546 2014/105524 Decision under appeal Citation: [2014] NSWSC 118 Date of Decision: 2014-02-25 00:00:00 Before: McCallum J File Number(s): 2011/344959