Bandara v District Court of NSW [2016] NSWCA 14

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bandara v District Court of NSW [2016] NSWCA 14 Hearing dates: 15 February 2016 Date of orders: 15 February 2016 Decision date: 15 February 2016 Before: Gleeson JA Decision: (1) The hearing date fixed for 1 March 2016 is vacated.

(2) The applicant is to file and serve any further written submissions and any amended summons by 22 February 2016.

(3) The fourth defendant (Director of Public Prosecutions (NSW)) is to file and serve a Chronology and any relevant affidavit by 26 February 2016.

(4) Note that the Court proposes to appoint an amicus curiae to provide written submissions and appear at the hearing of the appeal.

(5) Stand over the proceedings before the Registrar on 29 February 2016 to fix a new hearing date and for the giving of directions for the filing and service of written submissions by the amicus curiae and the fourth and sixth defendants, and any reply submissions by the applicant.

(6) The applicant's notice of motion filed 15 February 2016 be dismissed with no order as to costs. Catchwords: PRACTICE AND PROCEDURE – interlocutory application – application for judicial review of decision in District Court dismissing appeal against interim AVO – application for judicial review of decisions of Local Court concerning final AVO and costs orders –application for pro bono assistance – whether applicant lacking means to prepare written submissions – whether appropriate case to be referred for assistance – proceedings largely turning on factual issues –– appointment of amicus curiae Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Crimes (Appeal and Review) Act 2001 (NSW) Category: Procedural and other rulings Parties: Manula Bandara (Applicant) District Court of NSW (Second Defendant) Local Court of NSW (Third Defendant) Office of the Director of Public Prosecutions (NSW) (Fourth Defendant) Bainbridge Lawyers (Sixth Defendant) Representation: Counsel: