The Court refused leave under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) for an incarcerated plaintiff to commence proceedings against his former solicitor for breach of contract and negligence. The Court held that alleged timeframes for completion of legal work, inserted unilaterally by the plaintiff's daughter into a costs agreement, could not constitute binding contractual terms because they were inconsistent with a solicitor's professional obligations under the Australian Solicitors' Conduct Rules, including the duty to provide advice and the duty to the court. The claim for damages based on additional days of incarceration was held to be an abuse of process as a collateral attack on the CCA's refusal of bail and dismissal of the conviction appeal, and was also barred by advocate's immunity.
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