Check whether New South Wales leave is needed before proceedings
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the facts that bear on sections 4 and 5: whether the client is in custody because of a conviction or a finding of a serious indictable offence, whether the next step institutes civil proceedings, and the material the lawyer has on abuse of process and a prima facie ground. Do not draft the application.
- What the lawyer must review
- The lawyer decides whether section 4 applies.
- The lawyer writes any application. The tool writes none of it.
- Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth).
- Written for / version
- New South Wales versionNSWVIC
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. Instituting civil proceedings while in custody for a serious indictable offence.
Produce. A fact list for the lawyer's decision on sections 4 and 5.
Have ready. Why the client is in custody; Whether the next step institutes proceedings; The facts the lawyer holds on a proper claim.
Example of the limit. Illustrative example: The client is on remand for an offence the lawyer has not identified as a serious indictable offence, and no proceeding has been drafted. The note says section 4 is not yet shown to apply. It does not draft an application.
Stop and hand it back when
- The note says leave is required of every person in prison.
- The tool produces an application.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the facts that bear on sections 4 and 5: whether the client is in custody because of a conviction or a finding of a serious indictable offence, whether the next step institutes civil proceedings, and the material the lawyer has on abuse of process and a prima facie ground. Do not draft the application. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The note does not say every person in custody needs leave.
- The note separates being in custody from instituting proceedings.
- Section 5 is stated as the Act states it: not an abuse of process, and a prima facie ground.
- No application is drafted.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter asking a prison for contact with a client | Letter | AI use Yellow | Letter asking a Victorian, Queensland or New South Wales prison to arrange a confidential legal conference with a person in custody, using that centre's own booking rule. |
| Authority for a lawyer to act for a person in custody | Form | AI use Yellow | A short authority the person in custody can sign so the firm may arrange contact with the prison and receive non-medical information about where they are. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Felons (Civil Proceedings) Act 1981 (NSW) s 4 · 2026-10-23
- Felons (Civil Proceedings) Act 1981 (NSW) s 5 · 2026-10-23
No New South Wales prison-visit rule was opened. Contact arrangements stay with the lawyer.
Sections after section 5 were not opened.