Commonwealth Numbered Acts Commonwealth Numbered Acts(1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may make an order dismissing an application under section 242 for leave to institute a proceeding if the Court or Judge considers the affidavit does not substantially comply with subsection 242(3).
(2) The Federal Circuit and Family Court of Australia (Division 2) or a Judge must make an order dismissing an application under section 242 for leave to institute a proceeding if the Court or Judge considers the proceeding is a vexatious proceeding.
(3) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may dismiss the application without an oral hearing (either with or without the consent of the applicant).