Khalid v Legal Aid Commission of NSW [2016] NSWSC 1640

Supreme Court New South Wales

Medium Neutral Citation: Khalid v Legal Aid Commission of NSW [2016] NSWSC 1640 Hearing dates: 15 November 2016 Date of orders: 28 November 2016 Decision date: 28 November 2016 Jurisdiction: Common Law Before: Bellew J Decision: 1. The proceedings are dismissed.

2. The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – Judicial Review – Plaintiff one of six accused facing a charge of conspiring to do an act in preparation for a terrorist act or acts – Where plaintiff had engaged a solicitor shortly after his arrest in December 2014 – Where that solicitor had acted for him absent a grant of legal aid for almost two years – Where the solicitor was not a member of the relevant panel of legal practitioners created by the defendant for the purposes of assignment of grants of legal aid in complex criminal cases – Where the guidelines promulgated by the defendant provided that exceptional circumstances were required to be established before an assignment of a grant of legal aid in such a matter could be made to a practitioner who was not a member of the relevant panel – Where the plaintiff had expressed a preference to be represented at his trial by his present solicitor – Where the defendant assigned the grant of legal aid to another solicitor – Whether the defendant failed to take relevant matters into account in reaching that decision – Whether the defendant's decision was unreasonable in all of the circumstances Legislation Cited: Criminal Code 1995 (Cth) Legal Aid Commission Act 1979 (NSW) Cases Cited: Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 Bromley London Borough Council v Greater London Council [1983] 1 AC 768 Conyngham & Ors v Minister for Immigration and Ethnic Affairs (1986) 68 ALR 423 Gamble v Emerald Hill Electrical Pty Limited [2010] VSC 611 Legal Services Commission v Stephens (1981) 2 NSWLR 698 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; [1986] HCA 40 Minister for Corrections NSW v Elomar (No. 2) [2016] NSWSC 1040 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 13 R v Khalid (No 2) [2015] NSWSC 1921 Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 Category: Principal judgment Parties: Sulayman Khalid – Plaintiff Legal Aid Commission of NSW - Defendant Representation: Counsel: P Gray SC and G Foster – Plaintiff K Richardson SC and V McWilliam – Defendant