Pro Bono Assistance
Pro Bono Generally.
Pro Bono Assistance is work undertaken by a legal practitioner that is usually performed at no or little cost. The work is performed on a voluntary basis to assist the Court and the community.
Many legal practitioners perform pro bono work on an ad hoc basis. Some legal practitioners volunteer their time through the Duty Barrister or Duty Solicitor schemes. Larger firms may have a policy on providing pro bono assistance. The Bar Association and the Law Society also operate their own pro bono schemes.
Litigants should consult a scheme directly to determine their eligibility for pro bono assistance.
Court Appointed Pro Bono Legal Assistance – what is it?
Division 9 of Part 7 of the Uniform Civil Procedure Rules (UCPR) enables the Court to refer litigants to a lawyer on the Court’s Pro Bono Panel. The terms of the referral might ask the lawyer to provide you with legal advice, or to represent you at a hearing, or both.
Pro bono legal assistance under Division 9 of Part 7 of the UCPR is an option available to the Court to assist in the administration of justice. It is not a legal right. Furthermore, you should not view the Court’s decision to grant you a referral for legal assistance as an indication that you have won your legal proceedings.
Can anyone apply for Court Appointed Pro Bono Legal Assistance?
Anyone can apply for legal assistance under Division 9 Part 7 of the UCPR, but if you have obtained this type assistance previously within the last 3 years, a judge must be satisfied that there are exceptional circumstances that justifiy another referral. This restriction on the provision of assistance is set out in Rule 7.36(2)(2A) of the UCPR.
How do I apply?
You must file a notice of motion seeking a referral for legal assistance under Division 9 Part 7 of the UCPR. A filing fee is payable on the notice of motion. If you are unable to pay this fee, you may apply to have it waived, postponed or remitted. You may also file a supporting affidavit outlining how you have been unable to obtain legal advice or representation through any other means (eg you are ineligible for Legal Aid, or the Bar Association's or Law Society's pro bono schemes).
Your motion will then be given a hearing date and a judge will determine your application and the extent of the assistance you should receive (i.e. whether the referral will be for legal advice, representation, or both).
What happens once the Court grants me a referral for legal assistance?
If a judge decides you should receive legal assistance, his or her Honour will notify the Registrar of this determination. The Registrar will write to you to acknowledge confirm that he or she will attempt to find a lawyer on the Pro Bono Panel who is willing and able to provide you with legal assistance.
The Registrar may only refer you to a particular lawyer once that lawyer has agreed to accept the referral. If a lawyer agrees to provide you with the type of legal assistance specified in the referral, the Registrar will provide you with written confirmation of the lawyer’s name and contact details.
Membership of the Pro Bono Panel is entirely voluntary and there are a limited number of lawyers whom the Registrar can approach. Also, these lawyers will usually be handling other cases and have other clients competing for their time. Similarly, a lawyer may not feel that they are familiar enough with the area of law relevant to your case and decline to assist on that basis. Therefore, it is not possible for the Registrar to find you a lawyer immediately; this process can take several weeks.
What happens if the registrar cannot find a lawyer willing or able to assist me?
If the registrar is unable to find you a lawyer within 28 days of the date of the judge's referrral for legal assistance, the registrar can order that your referral is terminated. Rule 7.36 of the UCPR permits the registrar to do this. If this happens, and you still need pro bono assistance, you would have to file a notice of motion seeking a new order for a referral for legal assistance. A judge can only make another order for legal assistance if he or she feels exceptional circumstances justify this second referral. You would need to prepare an affidavit explaining why you feel another referral is justified.
What happens if my pro bono lawyer withdraws from my case?
If your lawyer ceases to provide legal assistance to you, unless the court says otherwise, your referral for legal assistance is terminated on the date your lawyer withdrew from your case. If this happens, and you still need pro bono assistance, you would have to file a notice of motionseeking a new order for a referral for legal assistance. A judge can only make another order for legal assistance if he or she feels exceptional circumstances justify this second referral. You would need to prepare an affidavit explaining why you feel another referral is jutisified.
Supreme Court Pro Bono Panel – Invitation to Practitioners
The Court welcomes legal practitioners who are willing to have their names included in the Pro Bono Panel. Practitioners are encouraged to read the provisions ofDivision 9 of Part 7 from which it will be noted that a referral of a litigant to a legal practitioner may only occur if the practitioner has agreed to accept the referral (Division 9 of Part 7 Rule 7.36). It will also be noted that the practitioner may be entitled to recover an amount for costs if a costs order is made in the legally assisted litigant’s favour (Division 9 of Part 7 Rule 7.41). A practitioner is also entitled to seek disbursements from a referred litigant (Division 9 of Part 7 Rule 7.42).
Practitioners who are willing to have their names included in the Pro Bono Panel can do so by downloading this form and forwarding it to
The Principal Registrar
Supreme Court of New South Wales
GPO Box 3
(02) 9230 8827
Further information can be obtained by telephoning the Prothonotary on (02) 9230 8333