Commonwealth Consolidated Regulations

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Refusal to issue or file a document

  6.07.1   If a writ, application, summons, affidavit or other document (the document ) appears to a Registrar on its face to be an abuse of the process of the Court, to be frivolous or vexatious or to fall outside the jurisdiction of the Court, the Registrar may seek the direction of a Justice.

  6.07.2   The Justice may direct the Registrar to issue or file the document, or to refuse to issue or file the document, without the leave of a Justice first had and obtained by the party seeking to issue or file the document.

  6.07.3   An application for leave for the Registrar to issue, or for leave to file, a document that is subject to the direction of a Justice under subrule   6.07.2:

  (a)   must be in Form 31; and

  (b)   must not be served on any person, unless the Court or a Justice otherwise orders.


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