A court considering an application for leave under s 5 of the Felons (Civil Proceedings) Act 1981 (NSW) is not restricted solely to the material relied upon by the applicant; the court may and should consider the relevant principles of law and case law. Civil proceedings by a convicted person that would necessarily call into question the conviction constitute an abuse of process. An application under Div 3, Pt 7 of the Crimes (Appeal and Review) Act 2001 (NSW) cannot be made orally in the course of proceedings under the Felons (Civil Proceedings) Act.
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