Warwick v Legal Aid Commission of NSW [2018] NSWSC 1920

Supreme Court New South Wales

Medium Neutral Citation: Warwick v Legal Aid Commission of NSW [2018] NSWSC 1920 Hearing dates: 10 December 2018 Date of orders: 12 December 2018 Decision date: 12 December 2018 Jurisdiction: Common Law Before: Fullerton J Decision: The further amended summons is dismissed. Catchwords: ADMINISTRATIVE LAW – judicial review – review of a decision of the Legal Aid Commission of New South Wales – grant of an application for legal aid subject to a condition – whether the Guidelines published by the Legal Aid Commission are properly regarded as delegated legislation – whether a condition requiring a person to procure from their spouse a charge over real property is beyond the power conferred on the Commission by the Legal Aid Commission Act Legislation Cited: Family Law Act 1975 (Cth) Legal Aid Commission Act 1979 (NSW) Cases Cited: Broussard v Minister for Immigration and Ethnic Affairs (1987) 21 FCR 472 Khan v Minister for Immigration and Ethnic Affairs [1987] FCA 713; (1987) 14 ALD 291 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 NEAT Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277; [2003] HCA 35 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Swift v SAS Trustee Corporation [2010] NSWCA 182 Category: Principal judgment Parties: Leonard John Warwick (Plaintiff) Legal Aid NSW (Defendant) Representation: Counsel: A Conolly (Solicitor) (Plaintiff) S Robertson (Defendant)