Entitlement to pro bono assistance referral?

By
Sergio Zanotti Stagliorio
-

Federal Court. Is a party entitled to apply to the Federal Court for a referral for pro bono assistance? If not, may that party nevertheless "raise the possibility of a referral and thereby invite the Court to consider the exercise of the discretion under r 4.12 of the Federal Court Rules 2011 (Cth)"?

Some of the questions to the Federal Court (FCA) were as follows:

Question 1: Is a party entitled to apply to the Federal Court for a referral for pro bono assistance?

Question 2: If the answer to Question 2 is 'no', may that party nevertheless "raise the possibility of a referral and thereby invite the Court to consider the exercise of the discretion under r 4.12 of the Federal Court Rules 2011 (Cth)"?

The FCA answered those questions as follows:

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