The Court granted leave under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) for an incarcerated plaintiff to commence proceedings against the State for historical child sexual abuse at a public school, being satisfied on the basis of a solicitor's affidavit, a supporting psychiatric report, and a draft Statement of Claim that the proceedings were not an abuse of process and disclosed prima facie grounds. The Court confirmed the two statutory prerequisites in s 5 of the Act present a relatively low threshold, requiring only that the claim is not hopeless or unarguable.
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