Knight v G4S Custodial Services Pty Ltd [2023] FCA 926

Knight v G4S Custodial Services Pty Ltd [2023] FCA 926

The applicant had not been prevented from having effective access to the Court. He had regular access to prison library computers and booked laptop access, could print documents with staff assistance, could access specified legal resources and request additional specific resources, and had demonstrated in the proceeding that he could file detailed affidavits, submissions, correspondence and authorities. The additional access sought would be more convenient but was not necessary to protect his common law right of access to the courts; access to the Relevant Websites would also be contrary to r 65(1)(o) of the Corrections Regulations 2019 (Vic).

Jurisdiction
Australia
Judgment Date
10 August 2023
Procedural Posture
Interlocutory Application for Injunctions Requiring Provision of Computer Access, Printing Facilities, Electronic Legal Databases and Website Access / Application for Interlocutory Relief in Amended Originating Application
Outcome
The applicant's application for interlocutory relief was dismissed with costs.
Legal Topics
['common Law Right of Access to the Courts' 'fair Trial' 'interlocutory Injunctions' 'prison Computer and Internet Access' 'legal Research Facilities for Prisoners']
['practice and Procedure' 'prisoners' 'access to Courts'] ['common Law Right of Access to the Courts' 'fair Trial' 'interlocutory Injunctions' 'prison Computer and Internet Access' 'legal Research Facilities for Prisoners']

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Procedural Posture

Interlocutory Application for Injunctions Requiring Provision of Computer Access, Printing Facilities, Electronic Legal Databases and Website Access / Application for Interlocutory Relief in Amended Originating Application

Legal Issues

  1. 1 ['Whether the applicant had been prevented from having effective access to the Court in this proceeding by being denied daily computer and printing facilities, access to electronic legal databases and access to legal websites.' 'Whether interlocutory orders should be made requiring the respondents to provide the applicant with additional computer, printing, database and website access.' 'Whether access to the Relevant Websites could be ordered consistently with r 65(1)(o) of the Corrections Regulations 2019 (Vic).']

Ratio Decidendi

The applicant had not been prevented from having effective access to the Court. He had regular access to prison library computers and booked laptop access, could print documents with staff assistance, could access specified legal resources and request additional specific resources, and had demonstrated in the proceeding that he could file detailed affidavits, submissions, correspondence and authorities. The additional access sought would be more convenient but was not necessary to protect his common law right of access to the courts; access to the Relevant Websites would also be contrary to r 65(1)(o) of the Corrections Regulations 2019 (Vic).

Court Disposition

The applicant's application for interlocutory relief was dismissed with costs.

Orders

  • ["The applicant's application for interlocutory relief in his amended originating application filed on 26 September 2022 be dismissed." "The applicant pay the respondents' costs of the application, to be fixed by way of an agreed lump sum or, in default of agreement, by way of a lump sum fixed by a Registrar."]