Chi v Technical and Further Education Commission [2011] NSWCA 20 (14 February 2011)

Last Updated: 25 May 2011

Court of Appeal New South Wales

Case Title:	Chi v Technical and Further Education Commission
Medium Neutral Citation:	[2011] NSWCA 20
Hearing Date(s):	14 February 2011
Decision Date:	14 February 2011
Jurisdiction:
Before:	Allsop P at 1
Decision:	1. Direct Mr Chi to serve on the respondent his notice of motion and his affidavit. 2. Direct the Registrar to inform the respondent by letter of today's proceedings. That letter is to include a copy of my reasons for making the order. 3. Direct the Registrar to refer Mr Chi's matter to the NSW Bar Association to ascertain whether any member of the Bar Association would be willing to act for Mr Chi pro bono. Such referral is to be accompanied by a copy of my reasons for judgment today. [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:
Legislation Cited:	Uniform Civil Procedure Rules 2005 (NSW) Pt 7.36
Cases Cited:
Texts Cited:
Category:	Principal judgment
Parties:	Johnny Chi (Appellant) Technical and Further Education Commission (Respondent)
Representation
- Counsel:	In person (Appellant) No appearance (Respondent)
- Solicitors:
File number(s):	2011/34507
Publication Restriction:

Judgment

1. ALLSOP P: This is an application by Mr Chi for an order under Pt 7.36 of the Uniform Civil Procedure Rules for an order referring the litigant to the Registrar to obtain pro bono assistance. The underlying case concerns an appeal by Mr Chi against a decision of the appeal panel of the Administrative Decision Tribunal. It is difficult at this level of examination to be confident as to the existence of a point which would invalidate the appeal panel's decision. However, Mr Chi makes some serious allegations in his affidavit. He tells me that there are about 1000 pages of documents underlying his complaints which were either before the Tribunal or which should have been put before the Tribunal. Mr Chi had the assistance of junior counsel before the Tribunal and before the appeal panel.
   
2. I have raised with Mr Chi the alternatives of seeking pro bono assistance of a practitioner to act for Mr Chi and the alternative of the Court seeking pro bono assistance for an amicus curiae . Mr Chi has requested that I make the former and not the latter order. I should add at this point that the notice of motion and affidavit have not been served on the respondent. They should have been but given the nature of the orders, I do not see any reason why I should not deal with the matter today to minimise costs, given that any order I make should not prejudice the respondent.
   
3. It is not clear to me that there are legitimate issues that would lead to the appeal panel decision being overturned. That is not a concluded view in any way, nor is it even a provisional view. I have simply read the appeal panel and the Tribunal reasons. It should be noted by the Bar Association that the request being made is not for an amicus curiae but for someone to assist Mr Chi in the nature of pro bono assistance by way of acting for him.
   
4. In these circumstances, given the possibility of proper direction of this application at an early stage, I am satisfied that it is in the interests of justice to refer Mr Chi to the Registrar for him to seek assistance as long as the terms of these reasons are made available to counsel.
   
5. I direct Mr Chi to serve on the respondent his notice of motion and his affidavit.
   
6. I direct the Registrar to inform the respondent by letter of today's proceedings. The Registrar will in that letter enclose a copy of my reasons for making the order.
   
7. I direct the Registrar to refer Mr Chi's matter to the New South Wales Bar Association to ascertain whether or not any member of the Bar is willing to act for Mr Chi pro bono. Such referral is to be accompanied by a copy of my reasons for judgment today.
   

**********