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Stay of proceedings upon making of application for legal aid

Legal Aid and Advice Act

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—(1) Where litigation has been instituted and any party makes an application for legal aid under this Act, the Director shall, as soon as practicable after the application is made, notify the other party or each of the other parties, and file in the court in which the litigation is pending, a memorandum of such notification and no fee shall be charged in respect of the filing of the memorandum.(2) Where any memorandum is so filed, then, unless otherwise ordered by a judge of the court in which the litigation is pending, all proceedings in the litigation shall, by virtue of this section, be stayed for a period of 14 days, and during that period (unless otherwise ordered by any such judge) time fixed by or under any Act or by or under any Rules of Court, regulations or otherwise for the doing of any act or the taking of any step in the proceedings shall not run:Provided that —(a)the filing of the memorandum shall not operate to prevent the making of —(i)an interlocutory order for an injunction or for the appointment of a receiver or manager or receiver and manager;(ii)an order to prevent the lapse of a caveat against dealings with land; or(iii)any other order which, in the opinion of a judge of the court in which the litigation is pending, is necessary to prevent an irremediable injustice;(b)unless otherwise ordered by a judge of the court in which the litigation is pending, the filing of the memorandum shall not operate to prevent the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect any such order as is mentioned in paragraph (a) of this proviso or a decree to the like effect.(3) The time during which proceedings are stayed by virtue of this section may be reduced or extended by order of a judge of the court in which the litigation is pending.

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