Tasmanian Numbered Acts

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VEXATIOUS PROCEEDINGS ACT 2011 (NO. 31 OF 2011) - SECT 11

Application for leave to institute proceedings
(1)  This section applies to a person ( " the applicant " ) who is –
(a) subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Tasmania; or
(b) acting in concert with a person whom he or she knows is subject to an order mentioned in paragraph (a) .
(2)  The applicant may apply to the Court for leave to institute proceedings that are subject to the order.
(3)  The applicant must file an affidavit with the application that –
(a) lists all occasions on which the applicant has applied for leave under this section; and
(b) lists all other proceedings the applicant has instituted in Australia, including proceedings instituted before the commencement of this section; and
(c) discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.
(4)  The applicant must not serve a copy of the application or affidavit on any person unless –
(a) an order is made under section 13(1)(a) ; and
(b) the copy is served in accordance with the order.
(5)  The Court may dispose of the application by –
(a) dismissing the application under section 12 ; or
(b) granting the application under section 13 .
(6)  The applicant may not appeal from a decision disposing of the application.



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