Can I commence a historical abuse claim in court if I am incarcerated?

If you are in prison for a serious indictable offence or felony and you want to commence an action in court for historical child sexual abuse, then you must get permission from the Court.

In NSW, leave must be sought from the Supreme Court of NSW. The relevant legislation is s. 4 of Felons (Civil Proceedings) Act 1981 (NSW).

To get leave under s. 4 the plaintiff has to show the proceedings are not an abuse of process and there is on its face grounds for bringing civil action or legal proceedings in the matter.

A statement from the plaintiff and medical evidence will support the motion for leave from the Court that such proceedings are not an abuse of process and that there are grounds to bring the civil action.

At Chamberlains we represent clients serving prison sentences in NSW for serious offences. Where required, Chamberlains will take the necessary steps to ensure their rights are preserved in an action in court for historical child sexual abuse.

Contact our abuse compensation claims team to schedule a confidential consultation with our team.