The Court granted leave under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) for an incarcerated plaintiff to commence civil proceedings for historical child sexual abuse suffered in Youth Justice facilities. Applying the low threshold test under s 5, the Court was satisfied the claim was not an abuse of process and had a prima facie ground, based on the solicitor's assessment of reasonable prospects, the exemption from limitation periods for historical child sexual abuse claims, and psychiatric evidence linking PTSD to the alleged abuse.
The full text is available to signed-in members.