New South Wales Consolidated Regulations

DISTRICT COURT RULES 1973 - SECT 28C.4

28C.4 Referral to a barrister or solicitor

(1) The Court may, if it is in the interests of the administration of justice, refer a litigant to a registrar for referral to a barrister or solicitor on a Pro Bono Panel for legal assistance.

(2) For the purposes of subrule (1), the Court may take into account:

(a) the means of the litigant, and

(b) the capacity of the litigant to obtain legal assistance outside the scheme, and

(c) the nature and complexity of the proceedings, and

(d) any other matter that the Court considers appropriate.

(3) The power to refer may be exercised in the absence of the public and without any attendance by or on behalf of any person.

(4) A referral to a registrar is effected by the issue of a Referral Certificate in the approved form in relation to the litigant.

(5) If a Referral Certificate has been issued, a registrar must attempt to arrange for the legal assistance mentioned in the certificate to be provided to the litigant by a barrister or solicitor on a Pro Bono Panel.

(6) A registrar may refer a litigant to a particular barrister or solicitor only if the barrister or solicitor has agreed to accept the referral.

(7) A referral to a barrister does not prevent a referral also being made to a solicitor and a referral to a solicitor does not prevent a referral also being made to a barrister.