Patsalis v State of New South Wales

The applicant, a prisoner, sought leave to appeal a decision of Schmidt J, who had refused him leave to commence civil proceedings under the *Felons (Civil Proceedings) Act 1981* (NSW). The applicant's original application sought access to legal documents. The summons seeking leave to appeal was filed out of time, necessitating an application for an extension of time.

The primary legal issue before the court was whether the statutory requirement for leave to commence civil proceedings under the *Felons (Civil Proceedings) Act 1981* extended to judicial review proceedings. Additionally, the court considered the applicant's status as an unrepresented litigant and the potential for referral for legal assistance under rule 7.36(1) of the *Uniform Civil Procedure Rules 2005* (NSW).

Basten JA determined that the *Felons (Civil Proceedings) Act 1981* did not preclude judicial review proceedings, and that the applicant had not abused the process of the court. The court found that there was no alternative forum for the relief sought. Consequently, the court extended the time for the applicant to seek leave to appeal, directed that the application for leave and the appeal be heard together, and ordered that the applicant be referred for legal assistance. The court also made provisions for the applicant to appear in person by videolink if legal assistance was not obtained or desired, and granted the State of New South Wales leave to appear. The matter was then stood over for further directions.