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Vexatious Proceedings Act 2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Meaning of acting in concert 7
5 Meaning of interlocutory application 8
6 Application of Act 8
7 Act prevails to extent of inconsistency 9
8 Act does not limit certain other jurisdictions 9
9 Constitution of VCAT 9
PART 2--LIMITED LITIGATION RESTRAINT ORDERS 10
10 Applying for limited litigation restraint order 10
11 Court or VCAT may make limited litigation restraint order 11
12 Content of limited litigation restraint order 12
13 Effect of limited litigation restraint order 12
14 Limited litigation restraint order does not affect certain
applications or proceedings 13
15 Duration of limited litigation restraint order 13
PART 3--EXTENDED LITIGATION RESTRAINT ORDERS 14
16 Application for extended litigation restraint order 14
17 Court or VCAT may make extended litigation restraint order 14
18 Application for extended litigation restraint order--intervention
order legislation 16
19 Magistrates' Court or Children's Court may make extended
litigation restraint order--intervention order legislation 17
20 Content of extended litigation restraint order made by Supreme
Court 17
21 Content of extended litigation restraint order made by County
Court 18
22 Content of extended litigation restraint order made by
Magistrates' Court 19
23 Content of extended litigation restraint order made by
Children's Court 21
i
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24 Content of extended litigation restraint order made by VCAT 22
25 Effect of extended litigation restraint order on proceeding 23
26 Extended litigation restraint order does not affect certain
proceedings 23
27 Duration of extended litigation restraint order 24
PART 4--GENERAL LITIGATION RESTRAINT ORDERS 25
28 Application for general litigation restraint order 25
29 Supreme Court may make general litigation restraint order 25
30 General litigation restraint order 26
31 Supreme Court may make extended litigation restraint order
instead of general litigation restraint order 27
32 Effect of general litigation restraint order on proceeding 27
33 Duration of general litigation restraint order 27
PART 5--ACTING IN CONCERT ORDERS 29
34 Application for acting in concert order 29
35 Court or VCAT may make acting in concert order 29
36 Magistrates' Court or Children's Court may make acting in
concert order--intervention order legislation 31
PART 6--APPEAL RESTRICTION ORDERS 33
37 Supreme Court may make an appeal restriction order 33
38 Court or VCAT may make appeal restriction order 33
39 Magistrates' Court or Children's Court may make appeal
restriction order--intervention order legislation 34
40 Effect of appeal restriction order 35
41 Appeal restriction order does not affect other applications or
proceedings 35
42 Duration of appeal restriction order 36
PART 7--GENERAL MATTERS RELATING TO ORDERS 37
Division 1--Applications for orders 37
43 Attorney-General may request documents from Victorian court
or tribunal 37
44 Notice of application for order--intervention order legislation 37
Division 2--Making of orders 37
45 Certain persons must be given opportunity to be heard 37
46 Statement of reasons for order--intervention order legislation 38
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Clause Page
Division 3--Copies of orders 38
47 Copy of order to be given to Attorney-General 38
48 Copy of order to be given to other Victorian courts and
tribunals 39
49 Copy of order--intervention order legislation 40
PART 8--APPLICATIONS FOR LEAVE TO PROCEED 41
Division 1--Application for leave to proceed under limited litigation
restraint order 41
50 Application for leave to make or continue interlocutory
application 41
51 Court or VCAT may grant leave to make or continue
interlocutory application 41
Division 2--Application for leave to proceed under extended
litigation restraint order 41
52 Application for leave to commence or continue proceeding 41
53 Court or VCAT may grant leave to commence or continue
proceeding 42
Division 3--Application for leave to proceed under general
litigation restraint order 43
54 Application for leave to commence or continue proceeding 43
55 Victorian court or tribunal may grant leave to commence or
continue proceeding 43
Division 4--General matters relating to applications for leave to
proceed 44
56 Person must disclose certain matters 44
57 Refusal to accept application for leave to proceed 45
58 Victorian court or tribunal may dismiss application for leave to
proceed 45
59 No notice of application to be given without direction or order 46
60 Direction as to giving notice of application 46
61 Direction as to giving notice of application--intervention order
legislation 47
62 Victorian court or tribunal may give persons opportunity to be
heard 48
63 Determining application for leave to proceed 48
64 Leave may be subject to conditions 49
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Clause Page
PART 9--VARIATION OR REVOCATION OF LITIGATION
RESTRAINT ORDER 50
Division 1--Court or VCAT may vary or revoke order 50
65 Application for variation or revocation of litigation restraint
order 50
66 No notice of application to be given without direction or order 50
67 Direction as to notice of application 51
68 Direction as to notice of application--intervention order
legislation 52
69 Court or VCAT may vary or revoke litigation restraint order 53
70 Court or VCAT may give persons opportunity to be heard 53
71 Determining application for variation or revocation 53
72 Notice of order to be given to Attorney-General 54
73 Notice of order to be given to Victorian courts and tribunals 54
Division 2--Variation or revocation application prevention orders 56
74 Court or VCAT may make variation or revocation application
prevention order 56
75 Effect of variation or revocation application prevention order 57
76 Order does not affect other applications or proceedings 57
77 Duration of order 57
PART 10--APPEALS 59
78 Application of this Part 59
79 Appeal of decisions to which this Part applies 59
80 No notice of application to be given without direction or order 59
81 Direction as to giving notice of application 60
82 Direction as to giving notice of application--intervention order
legislation 62
83 Court may give persons opportunity to be heard 64
84 Determining application for leave to appeal 64
PART 11--MISCELLANEOUS PROVISIONS 65
85 Attorney-General to publish copy of order 65
86 Publication of names--intervention order legislation 65
87 Annual reports 66
88 Rules of Court 66
89 Regulations 67
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Clause Page
PART 12--TRANSITIONAL PROVISIONS 69
90 Application of Interpretation of Legislation Act 1984 69
91 Supreme Court Act 1986--orders declaring person to be
vexatious litigant 69
92 Supreme Court Act 1986--applications not heard or
determined before repeal of section 21 69
93 Supreme Court Act 1986--applications not determined before
repeal of section 21 70
94 Family Violence Protection Act 2008--orders declaring
person to be vexatious litigant 70
95 Family Violence Protection Act 2008--applications not heard
and determined before repeal of Part 11 71
96 Family Violence Protection Act 2008--applications not
determined before repeal of Part 11 73
97 Personal Safety Intervention Orders Act 2010--orders
declaring person to be vexatious litigant 76
98 Personal Safety Intervention Orders Act 2010--Applications
not heard and determined before repeal of Part 10 77
99 Personal Safety Intervention Orders Act 2010--applications
not determined before repeal of Part 10 79
100 Regulations dealing with transitional matters 83
101 Power to resolve transitional difficulties in proceeding 84
PART 13--CONSEQUENTIAL AMENDMENTS 85
Division 1--Amendment of Supreme Court Act 1986 85
102 Vexatious litigants 85
103 Power to make Rules 85
Division 2--Amendment of County Court Act 1958 85
104 Power to make rules of practice 85
Division 3--Amendment of Magistrates' Court Act 1989 85
105 Jurisdiction of Family Violence Court Division 85
106 Jurisdiction of Neighbourhood Justice Division 86
107 Rules of Court 86
Division 4--Amendment of Victorian Civil and Administrative
Tribunal Act 1998 86
108 Subject matter for rules 86
v
Clause Page
Division 5--Amendment of Children, Youth and Families Act 2005 86
109 Jurisdiction of Family Division 86
110 Jurisdiction of Neighbourhood Justice Division 87
111 Restriction on publication of proceedings 87
112 Rules 87
113 Practice notes 88
Division 6--Amendment of Family Violence Protection Act 2008 88
114 Definitions 88
115 Evidence given by children 89
116 Court may close proceeding to public 89
117 Alternative arrangements for proceeding 89
118 Special rules for cross-examination of protected witnesses 89
119 Who may appeal 89
120 Rehearing of certain proceeding 89
121 Restriction on presence of children 90
122 Costs 90
123 Restriction on publication of proceeding in Magistrates' Court 90
124 Exception to restriction on publication 91
125 Repeal of Part 11 91
Division 7--Amendment of Personal Safety Intervention Orders
Act 2010 91
126 Definitions 91
127 Evidence given by children 92
128 Court may close proceeding to public 92
129 Alternative arrangements for proceeding 92
130 Who may appeal 92
131 Rehearing of certain proceeding 93
132 Restriction on presence of children 93
133 Costs 93
134 Restriction on publication of proceeding in Magistrates' Court 94
135 Exception to restriction on publication 94
136 Repeal of Part 10 94
137 Repeal of Part 94
ENDNOTES 95
vi
Vexatious Proceedings Act 2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to reform and
consolidate the law relating to vexatious
proceedings in courts and tribunals in a way
that--
(a) balances individual rights of access to the
courts with the public interest in an efficient
and effective justice system; and
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Part 1--Preliminary
s. 2
(b) promotes uniformity with other jurisdictions
in the management and prevention of
vexatious behaviour.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 October 2014, it comes into
operation on that day.
3 Definitions
In this Act--
acting in concert has the meaning given by
section 4;
acting in concert order means an order made--
(a) by the Supreme Court, the County
Court, the Magistrates' Court or VCAT
under section 35; or
(b) in relation to intervention order
legislation, by the Magistrates' Court or
the Children's Court under section 36;
appeal restriction order means an order made--
(a) by the Supreme Court under section 37;
or
(b) by the County Court, the Magistrates'
Court or VCAT under section 38; or
(c) in relation to intervention order
legislation, by the Magistrates' Court or
the Children's Court under section 39;
application for leave to proceed means--
(a) an application under section 50 by a
person subject to a limited litigation
restraint order for leave to make or
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Part 1--Preliminary
s. 3
continue an interlocutory application in
a proceeding; or
(b) an application under section 52 by a
person subject to an extended litigation
restraint order for leave to commence
or continue a proceeding; or
(c) an application under section 54 by a
person subject to a general litigation
restraint order for leave to commence
or continue a proceeding;
Australian court or tribunal means--
(a) a Victorian court or tribunal; or
(b) a court or tribunal of the
Commonwealth or of another State or a
Territory;
child means a person who is under the age of
18 years;
Court means the following courts--
(a) the Supreme Court;
(b) the County Court;
(c) the Magistrates' Court;
(d) in relation to an order under this Act
that relates to intervention order
legislation, the Children's Court;
extended litigation restraint order means an order
made--
(a) by the Supreme Court, the County
Court, the Magistrates' Court or VCAT
under section 17; or
(b) in relation to intervention order
legislation, by the Magistrates' Court or
the Children's Court under section 19;
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Part 1--Preliminary
s. 3
general litigation restraint order means an order
made under section 29;
interlocutory application has the meaning given
by section 5;
intervention order legislation means--
(a) the Crimes (Family Violence) Act
1987 as in force immediately before its
repeal; and
(b) the Family Violence Protection Act
2008; and
(c) the Personal Safety Intervention
Orders Act 2010; and
(d) the Stalking Intervention Orders Act
2008 as in force immediately before its
repeal;
legal practitioner means an Australian legal
practitioner within the meaning of the Legal
Profession Act 2004;
limited litigation restraint order means an order
made under section 11;
litigation restraint order means any of the
following orders--
(a) an extended litigation restraint order;
(b) a general litigation restraint order;
(c) a limited litigation restraint order;
parent, of a child, includes--
(a) a person who has responsibility for the
long-term welfare of the child and has,
in relation to the child, all the parental
powers, rights and duties that are vested
by law or custom in the guardian of a
child; and
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Part 1--Preliminary
s. 3
(b) a person with whom the child normally
or regularly resides;
proceeding means any matter in an Australian
court or tribunal, whether civil or criminal,
including--
(a) any cause, matter, action, suit,
proceeding, trial, complaint or inquiry
of any kind within the jurisdiction of an
Australian court or tribunal;
(b) any proceeding (including any
interlocutory application) taken in
connection with or incidental to a
proceeding before an Australian court
or tribunal;
(c) any appeal, review or other challenge,
including an application for judicial
review or an application for leave to
appeal.
variation or revocation application prevention
order means an order made--
(a) by the Supreme Court, the County
Court, the Magistrates' Court or VCAT
under section 74(1); or
(b) in relation to intervention order
legislation, by the Magistrates' Court or
the Children's Court under
section 74(2);
vexatious application includes the following--
(a) an interlocutory application that is an
abuse of the process of a court or
tribunal;
(b) an interlocutory application made to
harass or annoy, to cause delay or
detriment, or for another wrongful
purpose;
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(c) an interlocutory application made or
pursued without reasonable ground;
(d) an interlocutory application pursued in
a way so as to harass or annoy, cause
delay or detriment, or achieve another
wrongful purpose;
vexatious proceeding includes the following--
(a) a proceeding that is an abuse of the
process of a court or tribunal;
(b) a proceeding commenced to harass or
annoy, to cause delay or detriment, or
for another wrongful purpose;
(c) a proceeding commenced or pursued
without reasonable grounds;
(d) a proceeding conducted in a way so as
to harass or annoy, cause delay or
detriment, or achieve another wrongful
purpose;
vexatious proceeding order means any of the
following orders made by an Australian
court or tribunal--
(a) an order that a proceeding be stayed or
dismissed for being vexatious;
(b) an order that a person commencing or
conducting a proceeding is a vexatious
litigant;
(c) any other order that requires the person
subject to the order to seek leave of an
Australian court or tribunal before
commencing or continuing a
proceeding;
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Part 1--Preliminary
s. 4
Victorian court or tribunal means any of the
following--
(a) the Supreme Court;
(b) the County Court;
(c) the Magistrates' Court;
(d) the Children's Court;
(e) VCAT;
(f) VOCAT;
VOCAT means the Victims of Crime Assistance
Tribunal established by the Victims of
Crime Assistance Act 1996.
4 Meaning of acting in concert
(1) Subject to subsection (2), in this Act, a person is
acting in concert with another person if the first
mentioned person is--
(a) acting on behalf of the other person; or
(b) acting for the predominant benefit of the
other person; or
(c) acting on the instructions of the other person;
or
(d) acting in collusion with the other person.
(2) A person who makes an interlocutory application
or commences and conducts a proceeding on
behalf of a person is not acting in concert with
that person if the first mentioned person is--
(a) a legal practitioner acting for the person; or
(b) a litigation guardian of the person; or
(c) a professional advocate within the meaning
of section 62(8) of the Victorian Civil and
Administrative Tribunal Act 1998; or
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Part 1--Preliminary
s. 5
(d) any other person authorised or required by
law to act on behalf of the person.
Example
Persons who may be authorised or required by law to act on
behalf of a person include insurers conducting proceedings
under a right of subrogation, administrators, guardians,
liquidators, receivers and any other person who has a legal
right or obligation to represent the person.
5 Meaning of interlocutory application
(1) In this Act, an interlocutory application means
any process by which an interlocutory proceeding
is commenced in an Australian court or tribunal,
including a subpoena.
(2) Despite subsection (1), the following are not
interlocutory applications for the purposes of this
Act--
(a) an application under the Family Violence
Protection Act 2008 in respect of which a
court makes--
(i) an interim order under section 53 or
101 of that Act; or
(ii) an interim extension order under
section 107 of that Act; or
(b) an application under the Personal Safety
Intervention Orders Act 2010 in respect of
which a court makes--
(i) an interim order under section 35 or
81 of that Act; or
(ii) an interim extension order under
section 84 of that Act.
6 Application of Act
(1) This Act applies to all civil proceedings and all
criminal proceedings in a Victorian court or
tribunal.
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No. of 2014
Part 1--Preliminary
s. 7
(2) The powers conferred on a Victorian court or
tribunal by this Act are additional to the powers of
a Victorian court or tribunal to control its own
proceedings.
7 Act prevails to extent of inconsistency
Subject to section 8, to the extent of any
inconsistency, this Act prevails over--
(a) any statutory jurisdiction of a Victorian court
or tribunal; or
(b) any powers of a Victorian court or tribunal
arising or derived from the common law; or
(c) any powers of a Victorian court or tribunal
arising or derived under any other Act
(including any Commonwealth Act), rule of
court, practice note or practice direction.
8 Act does not limit certain other jurisdictions
Nothing in this Act limits--
(a) in the case of the Supreme Court, the Court's
inherent jurisdiction or implied jurisdiction;
or
(b) in the case of a Court other than the Supreme
Court, the Court's implied jurisdiction.
9 Constitution of VCAT
When exercising a power under this Act, VCAT
must be constituted by a member who is an
Australian lawyer within the meaning of the Legal
Profession Act 2004.
__________________
9
Vexatious Proceedings Act 2014
No. of 2014
Part 2--Limited Litigation Restraint Orders
s. 10
PART 2--LIMITED LITIGATION RESTRAINT ORDERS
10 Applying for limited litigation restraint order
(1) Subject to subsection (2), any of the following
persons may apply to a Court or VCAT for a
limited litigation restraint order against a person
who is a party to a proceeding in that Court or in
VCAT (as the case requires)--
(a) the Attorney-General;
(b) if the person has made a vexatious
application against another person, that other
person;
(c) a person who has a sufficient interest in the
matter.
Example
A person who is a party to a proceeding and who is not the
person against whom a vexatious application has been made
may be a person who has a sufficient interest in the matter.
(2) A person referred to in subsection (1)(b) or (c)
must not apply for a limited litigation restraint
order against a person who is a party to a
proceeding--
(a) without leave of the Court in which the
proceeding is being heard; or
(b) if the proceeding is being heard in VCAT,
without leave of VCAT.
(3) A Court or VCAT may grant leave to apply for a
limited litigation restraint order if the Court or
VCAT is satisfied that--
(a) there is merit in the application; and
(b) the making of the application would not be
an abuse of process.
10
Vexatious Proceedings Act 2014
No. of 2014
Part 2--Limited Litigation Restraint Orders
s. 11
11 Court or VCAT may make limited litigation
restraint order
(1) A Court or VCAT may make a limited litigation
restraint order against a person who is a party to a
proceeding if the Court or VCAT is satisfied
that--
(a) the person has made 2 or more interlocutory
applications in the proceeding; and
(b) the interlocutory applications are vexatious
applications.
(2) When making an order under subsection (1), a
Court or VCAT may in its discretion take into
account any matter it considers relevant, including
but not limited to the following--
(a) any interlocutory application made by the
person, or an entity controlled by the person,
in any Australian court or tribunal;
(b) the existence of any order made by an
Australian court or tribunal against the
person or an entity controlled by the person,
including--
(i) a litigation restraint order; or
(ii) an acting in concert order; or
(iii) a vexatious proceeding order; or
(iv) an order striking out a vexatious
application;
(c) any other matter relating to the way in which
the person conducts or has conducted
litigation.
(3) A Court or VCAT may take into account a matter
referred to in subsection (2) that relates to an
interlocutory application made or a proceeding
commenced or conducted before, on or after the
commencement of this section.
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Part 2--Limited Litigation Restraint Orders
s. 12
(4) A Court or VCAT may make a limited litigation
restraint order--
(a) on its own motion; or
(b) on an application under section 10.
12 Content of limited litigation restraint order
(1) A limited litigation restraint order may direct that
the person must not, without leave of the Court or
VCAT (as the case requires), do either or both of
the following--
(a) make an interlocutory application or
specified type of interlocutory application in
the proceeding;
(b) continue an interlocutory application or
specified type of interlocutory application in
the proceeding.
(2) A limited litigation restraint order may include
any other direction or order in relation to the
proceeding that the Court or VCAT considers
appropriate.
(3) Without limiting subsection (2), the Court or
VCAT may direct that the person who is subject
to the limited litigation restraint order may make
or continue a specified type of interlocutory
application in the proceeding.
13 Effect of limited litigation restraint order
On the making of a limited litigation restraint
order, subject to the terms of the order--
(a) an interlocutory application in the
proceeding to which the order relates is
stayed; and
(b) an interlocutory application that is made in
contravention of the order is of no effect.
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No. of 2014
Part 2--Limited Litigation Restraint Orders
s. 14
14 Limited litigation restraint order does not affect
certain applications or proceedings
A limited litigation restraint order made against a
person in respect of a proceeding does not affect
the person's right--
(a) to make or continue an interlocutory
application in another proceeding in a
Victorian court or tribunal; or
(b) to commence or continue another proceeding
in a Victorian court or tribunal.
15 Duration of limited litigation restraint order
Unless a Court or VCAT otherwise orders, a
limited litigation restraint order remains in force
for the duration of the proceeding to which the
order relates.
__________________
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Vexatious Proceedings Act 2014
No. of 2014
Part 3--Extended Litigation Restraint Orders
s. 16
PART 3--EXTENDED LITIGATION RESTRAINT ORDERS
16 Application for extended litigation restraint order
(1) Subject to subsection (2), any of the following
persons may apply to a Court or VCAT for an
extended litigation restraint order against a
person--
(a) the Attorney-General;
(b) if the person has commenced or conducted a
vexatious proceeding against another person,
that other person;
(c) a person with a sufficient interest in the
matter.
(2) A person referred to in subsection (1)(b) or (c)
must not apply for an extended litigation restraint
order--
(a) without leave of the Court of the jurisdiction
in which the order is sought; or
(b) if the order is sought in respect of
proceedings in VCAT, without leave of
VCAT.
(3) A Court or VCAT may grant leave to apply for an
extended litigation restraint order if the Court or
VCAT is satisfied that--
(a) there is merit in the application; and
(b) the making of the application would not be
an abuse of process.
17 Court or VCAT may make extended litigation
restraint order
(1) A Court or VCAT may make an extended
litigation restraint order against a person if the
Court or VCAT is satisfied that the person has
frequently commenced or conducted vexatious
proceedings--
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Part 3--Extended Litigation Restraint Orders
s. 17
(a) against a person or other entity; or
(b) in relation to a matter.
Note
The Magistrates' Court may also make an extended litigation
restraint order that relates to intervention order legislation
under section 19.
(2) In determining whether it is satisfied of the
matters specified in subsection (1), a Court or
VCAT may take into account any matter it
considers relevant, including but not limited to
any of the following--
(a) a proceeding commenced or conducted by
the person, or an entity controlled by the
person, in any Australian court or tribunal;
(b) the existence of an order made by an
Australian court or tribunal against the
person, or an entity controlled by the person,
including--
(i) a litigation restraint order; or
(ii) an acting in concert order; or
(iii) a vexatious proceeding order;
(c) any other matter relating to the way in which
the person conducts or has conducted
litigation.
(3) A Court or VCAT may take into account a matter
referred to in subsection (2) that relates to a
proceeding commenced or conducted before, on
or after the commencement of this section.
(4) A Court or VCAT may make an extended
litigation restraint order--
(a) on its own motion; or
(b) on an application under section 16.
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No. of 2014
Part 3--Extended Litigation Restraint Orders
s. 18
18 Application for extended litigation restraint order--
intervention order legislation
(1) Subject to subsection (2), any of the following
persons may apply to the Magistrates' Court or the
Children's Court for an extended litigation
restraint order that relates to intervention order
legislation against a person--
(a) the Attorney-General;
(b) if the person has commenced or conducted a
vexatious proceeding under intervention
order legislation against another person, that
other person;
(c) a person with a sufficient interest in the
matter.
Example
For the purposes of an extended litigation restraint order that
relates to intervention order legislation, a person with a
sufficient interest in the matter may include a police officer
or a guardian or family member who seeks to apply for an
intervention order under intervention order legislation on
behalf of a person.
(2) A person referred to in subsection (1)(b) or (c)
must not apply for an extended litigation restraint
order without leave of the Magistrates' Court or
the Children's Court (as the case requires).
(3) The Children's Court or the Magistrates' Court
may grant leave to apply for an extended litigation
restraint order that relates to intervention order
legislation if the Court is satisfied that--
(a) there is merit in the application; and
(b) the making of the application would not be
an abuse of process.
16
Vexatious Proceedings Act 2014
No. of 2014
Part 3--Extended Litigation Restraint Orders
s. 19
19 Magistrates' Court or Children's Court may make
extended litigation restraint order--intervention
order legislation
(1) The Magistrates' Court or the Children's Court
may make an extended litigation restraint order
that relates to intervention order legislation
against a person if the court is satisfied that the
person has frequently commenced or conducted
vexatious proceedings under intervention order
legislation--
(a) against a person; or
(b) in relation to a matter.
(2) In determining whether it is satisfied of the
matters specified in subsection (1), the
Magistrates' Court or the Children's Court may
take into account any matter it considers relevant.
(3) The Magistrates' Court or the Children's Court
may make an extended litigation restraint order
that relates to intervention order legislation--
(a) on its own motion; or
(b) on an application under section 18.
Note
See section 154 of the Family Violence Protection Act 2008 or
section 111 of the Personal Safety Intervention Orders Act 2010
in relation to costs for a proceeding for an order made under this
section.
20 Content of extended litigation restraint order made
by Supreme Court
(1) An extended litigation restraint order made by the
Supreme Court against a person may direct that
the person must not do either or both of the
following for the period specified by the Supreme
Court--
(a) continue a proceeding in a Victorian court or
tribunal against a person or other entity
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No. of 2014
Part 3--Extended Litigation Restraint Orders
s. 21
named in the order, or in respect of a matter
described in the order, without leave of--
(i) the Supreme Court; or
(ii) the Victorian court or tribunal in which
the proceeding is being heard;
(b) commence a proceeding in a Victorian court
or tribunal against a person or other entity
named in the order, or in respect of a matter
described in the order, without leave of--
(i) the Supreme Court; or
(ii) the Victorian court or tribunal in which
the proceeding is to be commenced.
(2) An extended litigation restraint order made by the
Supreme Court may include any other direction or
order that the Supreme Court considers
appropriate.
(3) Without limiting subsection (2), the Supreme
Court may direct that the person who is subject to
the order may commence or continue a specified
proceeding in a Victorian court or tribunal.
21 Content of extended litigation restraint order made
by County Court
(1) An extended litigation restraint order made by the
County Court against a person may direct that the
person must not, without leave of the County
Court, do either or both of the following for the
period specified by the County Court--
(a) continue a proceeding in the County Court
against a person or other entity named in the
order or in respect of a matter described in
the order;
18
Vexatious Proceedings Act 2014
No. of 2014
Part 3--Extended Litigation Restraint Orders
s. 22
(b) commence a proceeding in the County Court
against a person or other entity named in the
order or in respect of a matter described in
the order.
(2) An extended litigation restraint order made by the
County Court may include any other direction or
order in relation to a proceeding or the
commencement of a proceeding in the County
Court that the court considers appropriate.
(3) Without limiting subsection (2), the County Court
may direct that the person who is subject to the
order may commence or continue a specified
proceeding in the County Court.
22 Content of extended litigation restraint order made
by Magistrates' Court
(1) An extended litigation restraint order made by the
Magistrates' Court against a person under
section 17 may direct that the person must not,
without leave of the Magistrates' Court, do either
or both of the following for the period specified
by the Magistrates' Court--
(a) continue a proceeding in the Magistrates'
Court against a person or other entity named
in the order or in respect of a matter
described in the order;
(b) commence a proceeding in the Magistrates'
Court against a person or other entity named
in the order or in respect of a matter
described in the order.
(2) An extended litigation restraint order that relates
to intervention order legislation made by the
Magistrates' Court against a person under
section 19 may direct that the person must not,
without leave of the Magistrates' Court, do either
or both of the following for the period specified
by the Magistrates' Court--
19
Vexatious Proceedings Act 2014
No. of 2014
Part 3--Extended Litigation Restraint Orders
s. 22
(a) continue a proceeding in the Magistrates'
Court or the Children's Court under
intervention order legislation--
(i) against a person protected by the
extended litigation restraint order and,
if the person is a parent of a child, his
or her child; or
(ii) in respect of a matter described in the
order;
(b) commence a proceeding in the Magistrates'
Court or the Children's Court under
intervention order legislation--
(i) against a person protected by the
extended litigation restraint order and,
if the person is a parent of a child, his
or her child; or
(ii) in respect of a matter described in the
order.
(3) An extended litigation restraint order made by the
Magistrates' Court may include any other
direction or order that the Magistrates' Court
considers appropriate in relation to a proceeding
or the commencement of a proceeding--
(a) in the case of an extended litigation restraint
order made under section 17, in the
Magistrates' Court; or
(b) in the case of an extended litigation restraint
order that relates to intervention order
legislation made under section 19, in the
Magistrates' Court or the Children's Court.
(4) Without limiting subsection (3), the Magistrates'
Court may direct that the person who is subject to
the order may commence or continue a specified
proceeding--
20
Vexatious Proceedings Act 2014
No. of 2014
Part 3--Extended Litigation Restraint Orders
s. 23
(a) in the case of an extended litigation restraint
order made under section 17, in the
Magistrates' Court; or
(b) in the case of an extended litigation restraint
order that relates to intervention order
legislation made under section 19, in the
Magistrates' Court or the Children's Court.
23 Content of extended litigation restraint order made
by Children's Court
(1) An extended litigation restraint order that relates
to intervention order legislation made by the
Children's Court against a person may direct that
the person must not, without leave of the
Children's Court, do either or both of the
following for the period specified by the
Children's Court--
(a) continue a proceeding in the Magistrates'
Court or the Children's Court under
intervention order legislation--
(i) against a person protected by the
extended litigation restraint order and,
if the person is a parent of a child, his
or her child; or
(ii) in respect of a matter described in the
order;
(b) commence a proceeding in the Magistrates'
Court or the Children's Court under
intervention order legislation--
(i) against a person protected by the
extended litigation restraint order and,
if the person is a parent of a child, his
or her child; or
(ii) in respect of a matter described in the
order.
21
Vexatious Proceedings Act 2014
No. of 2014
Part 3--Extended Litigation Restraint Orders
s. 24
(2) An extended litigation restraint order referred to in
subsection (1) may include any other direction or
order in relation to a proceeding or the
commencement of a proceeding that relates to
intervention order legislation that the Children's
Court considers appropriate.
(3) Without limiting subsection (2), the Children's
Court may direct that the person who is subject to
the extended litigation restraint order may
commence or continue a specified proceeding in
the Magistrates' Court or the Children's Court
under intervention order legislation.
24 Content of extended litigation restraint order made
by VCAT
(1) An extended litigation restraint order made by
VCAT against a person may direct that the person
must not, without leave of VCAT, do either or
both of the following for the period specified by
VCAT--
(a) continue a proceeding in VCAT against a
person or other entity named in the order or
in respect of a matter described in the order;
(b) commence a proceeding in VCAT against a
person or other entity named in the order or
in respect of a matter described in the order.
(2) An extended litigation restraint order made by
VCAT may include any other direction or order in
relation to a proceeding or the commencement of
a proceeding in VCAT that VCAT considers
appropriate.
(3) Without limiting subsection (2), VCAT may direct
that the person who is subject to the order may
commence or continue a specified proceeding in
VCAT.
22
Vexatious Proceedings Act 2014
No. of 2014
Part 3--Extended Litigation Restraint Orders
s. 25
25 Effect of extended litigation restraint order on
proceeding
On the making of an extended litigation restraint
order, subject to the terms of the order--
(a) a proceeding to which the order relates is
stayed; and
(b) a proceeding that is commenced in
contravention of the order is of no effect.
26 Extended litigation restraint order does not affect
certain proceedings
(1) An extended litigation restraint order made by the
Supreme Court does not affect a person's right to
commence or continue a proceeding in the
relevant jurisdiction against a person or other
entity, or in respect of a matter, that is not
specified in the order.
(2) An extended litigation restraint order made by the
County Court or VCAT does not affect a person's
right to commence or continue a proceeding in
another Victorian court or tribunal that is not the
jurisdiction that made the extended litigation
restraint order.
(3) Subject to subsection (4), an extended litigation
restraint order made by the Magistrates' Court
does not affect a person's right to commence or
continue a proceeding in any jurisdiction other
than the Magistrates' Court.
(4) An extended litigation restraint order that relates
to intervention order legislation made by the
Magistrates' Court or the Children's Court against
a person does not affect the person's right--
(a) to commence or continue a proceeding in the
Magistrates' Court or the Children's Court
against a person, the child of a person or in
23
Vexatious Proceedings Act 2014
No. of 2014
Part 3--Extended Litigation Restraint Orders
s. 27
respect of a matter not specified in the order;
or
(b) to commence or continue a proceeding in the
Magistrates' Court or the Children's Court
under legislation other than intervention
order legislation; or
(c) to commence or continue a proceeding in
any jurisdiction other than the Magistrates'
Court or the Children's Court.
27 Duration of extended litigation restraint order
(1) An extended litigation restraint order, including an
order that relates to intervention order legislation,
remains in force for the period specified in the
order.
(2) A Court or VCAT may specify that an order
referred to in subsection (1) remains in force
indefinitely.
(3) A Court or VCAT may extend the duration of an
extended litigation restraint order referred to in
subsection (1) if the Court or VCAT considers it is
in the interests of justice to do so.
__________________
24
Vexatious Proceedings Act 2014
No. of 2014
Part 4--General Litigation Restraint Orders
s. 28
PART 4--GENERAL LITIGATION RESTRAINT ORDERS
28 Application for general litigation restraint order
The Attorney-General may apply to the Supreme
Court for a general litigation restraint order
against a person.
29 Supreme Court may make general litigation
restraint order
(1) The Supreme Court constituted by a Judge of the
Court may make a general litigation restraint order
against a person if the Court is satisfied that the
person has persistently and without reasonable
grounds commenced or conducted vexatious
proceedings.
(2) In determining whether it is satisfied of the
matters specified in subsection (1), the Supreme
Court may take into account any matter it
considers relevant, including but not limited to
any of the following--
(a) any proceeding commenced or conducted by
the person, or an entity controlled by the
person, in any Australian court or tribunal;
(b) the existence of any order made by an
Australian court or tribunal against the
person, or an entity controlled by the person,
including--
(i) a litigation restraint order; or
(ii) an acting in concert order; or
(iii) a vexatious proceeding order;
(c) any other matter relating to the way in which
the person conducts or has conducted
litigation.
25
Vexatious Proceedings Act 2014
No. of 2014
Part 4--General Litigation Restraint Orders
s. 30
(3) The Supreme Court may take into account a
matter referred to in subsection (2) that relates to a
proceeding commenced or conducted before, on
or after the commencement of this section.
(4) The Supreme Court may make a general litigation
restraint order--
(a) on its own motion; or
(b) on an application under section 28.
30 General litigation restraint order
(1) A general litigation restraint order made against a
person may direct that the person must not do
either or both of the following for the period
specified by the Supreme Court--
(a) continue any proceeding in a Victorian court
or tribunal without leave of--
(i) the Supreme Court; or
(ii) the Victorian court or tribunal in which
the proceeding is being heard;
(b) commence any proceeding in a Victorian
court or tribunal without leave of--
(i) the Supreme Court; or
(ii) the Victorian court or tribunal in which
the proceeding is to be commenced.
(2) A general litigation restraint order may include
any other direction or order that the Supreme
Court considers appropriate.
(3) Without limiting subsection (2), the Supreme
Court may direct that the person who is subject to
the general litigation restraint order may
commence or continue a specified proceeding in a
Victorian court or tribunal.
26
Vexatious Proceedings Act 2014
No. of 2014
Part 4--General Litigation Restraint Orders
s. 31
31 Supreme Court may make extended litigation
restraint order instead of general litigation restraint
order
(1) On an application under section 28, the Supreme
Court may make an extended litigation restraint
order against a person the subject of the
application if the Court--
(a) is not satisfied that the person has
persistently and without reasonable grounds
commenced or conducted vexatious
proceedings; and
(b) is satisfied that the person has frequently
commenced or conducted vexatious
proceedings against a person or other entity
or in relation to a matter.
(2) An extended litigation restraint order made under
this section may be made on the same terms as an
extended litigation restraint order made by the
Supreme Court under Part 3.
32 Effect of general litigation restraint order on
proceeding
On the making of a general litigation restraint
order, subject to the terms of the order--
(a) a proceeding to which the order relates is
stayed; and
(b) a proceeding that is commenced in
contravention of the order is of no effect.
33 Duration of general litigation restraint order
(1) A general litigation restraint order remains in
force for the period specified in the order.
(2) The Supreme Court may specify that an order
remains in force indefinitely.
27
Vexatious Proceedings Act 2014
No. of 2014
Part 4--General Litigation Restraint Orders
s. 33
(3) The Supreme Court may extend the duration of a
general litigation restraint order referred to in
subsection (1) if it considers it is in the interests of
justice to do so.
__________________
28
Vexatious Proceedings Act 2014
No. of 2014
Part 5--Acting in Concert Orders
s. 34
PART 5--ACTING IN CONCERT ORDERS
34 Application for acting in concert order
Any of the following persons may apply to a
Court or VCAT for an order against a person who
is acting in concert with a person who is subject to
a litigation restraint order--
(a) a person who applied for the litigation
restraint order to which that other person is
subject;
(b) a person named in an interlocutory
application or a proceeding that, if made or
commenced by the person who is subject to
the litigation restraint order, would
contravene the terms of that litigation
restraint order.
35 Court or VCAT may make acting in concert order
(1) A Court or VCAT may make an order against a
person who is acting in concert with a person who
is subject to a litigation restraint order if satisfied
that--
(a) the first mentioned person has made an
interlocutory application or commenced a
proceeding; and
(b) the interlocutory application or proceeding,
if made or commenced by the person who is
subject to the litigation restraint order, would
contravene the terms of that litigation
restraint order.
(2) A Court or VCAT may make an order against a
person acting in concert--
(a) on its own motion; or
(b) on an application under section 34.
29
Vexatious Proceedings Act 2014
No. of 2014
Part 5--Acting in Concert Orders
s. 35
(3) An order made by a Court or VCAT against a
person acting in concert may specify all or any of
the following--
(a) that the person is subject to a limited
litigation restraint order--
(i) on the same terms as the person with
whom the person is acting in concert;
or
(ii) on any of the terms that the Court or
VCAT may order under Part 2;
(b) that the person is subject to an extended
litigation restraint order--
(i) on the same terms as the person with
whom the person is acting in concert;
or
(ii) on any of the terms that the Court or
VCAT may order under Part 3;
(c) that the interlocutory application made by
the person in the proceeding is struck out;
(d) that the proceeding commenced by the
person is stayed;
(e) that the person is liable for costs in the
proceeding.
(4) Subject to subsection (5), an acting in concert
order may direct any other thing that the Court or
VCAT considers appropriate in the circumstances.
(5) An acting in concert order made against a person
must not direct that the person is subject to a
general litigation restraint order.
Note
The Supreme Court may order that the person is subject to a
general litigation restraint order under Part 4.
30
Vexatious Proceedings Act 2014
No. of 2014
Part 5--Acting in Concert Orders
s. 36
36 Magistrates' Court or Children's Court may make
acting in concert order--intervention order
legislation
(1) The Magistrates' Court or the Children's Court
may make an order against a person who is acting
in concert with a person who is subject to an
extended litigation restraint order that relates to
intervention order legislation if satisfied that--
(a) the first mentioned person has commenced a
proceeding under intervention order
legislation; and
(b) the proceeding, if commenced by the person
who is subject to the extended litigation
restraint order, would contravene the terms
of that extended litigation restraint order.
(2) The Magistrates' Court or the Children's Court
may make an order against a person acting in
concert--
(a) on its own motion; or
(b) on an application under section 34.
(3) An order made by the Magistrates' Court or the
Children's Court against a person acting in concert
may specify all or any of the following--
(a) that the person is subject to an extended
litigation restraint order that relates to
intervention order legislation--
(i) on the same terms as the person with
whom the person is acting in concert;
or
(ii) on any of the terms that the Magistrates'
Court or the Children's Court may order
under section 22(2) or 23(1) (as the
case requires);
31
Vexatious Proceedings Act 2014
No. of 2014
Part 5--Acting in Concert Orders
s. 36
(b) that the proceeding commenced by the
person is stayed.
(4) An acting in concert order that relates to
intervention order legislation may direct any other
thing that the Magistrates' Court or the Children's
Court considers appropriate in the circumstances.
Note
See section 154 of the Family Violence Protection Act 2008 or
section 111 of the Personal Safety Intervention Orders Act 2010
in relation to costs for a proceeding for an order made under this
section.
__________________
32
Vexatious Proceedings Act 2014
No. of 2014
Part 6--Appeal Restriction Orders
s. 37
PART 6--APPEAL RESTRICTION ORDERS
37 Supreme Court may make an appeal restriction
order
(1) The Supreme Court may make an appeal
restriction order against a person if the Supreme
Court is satisfied that--
(a) the person has frequently made applications
for leave to proceed that are vexatious
applications; and
(b) it is in the interests of justice that the order
be made.
(2) An appeal restriction order made against a person
by the Supreme Court may direct that, for the
period specified by the Supreme Court, the person
has no right to appeal a decision by a Victorian
court or tribunal--
(a) to refuse leave to make or continue an
interlocutory application in a proceeding; or
(b) to refuse leave to commence or continue a
proceeding.
(3) An appeal restriction order may be made under
subsection (1)--
(a) despite anything to the contrary in Part 10;
and
(b) despite the terms of the litigation restraint
order.
38 Court or VCAT may make appeal restriction order
(1) The County Court, the Magistrates' Court or
VCAT may make an appeal restriction order
against a person if satisfied that--
(a) the person has frequently made applications
for leave to proceed that are vexatious
applications; and
33
Vexatious Proceedings Act 2014
No. of 2014
Part 6--Appeal Restriction Orders
s. 39
(b) it is in the interests of justice that the order
be made.
(2) An appeal restriction order made under
subsection (1) may direct that, for the period
specified in the order, the person has no right to
appeal a decision by the relevant court or by
VCAT--
(a) to refuse leave to make or continue an
interlocutory application in a proceeding in
the relevant court or in VCAT (as the case
requires); or
(b) to refuse leave to commence or continue a
proceeding in the relevant court or in VCAT
(as the case requires).
(3) An appeal restriction order may be made under
subsection (1)--
(a) despite anything to the contrary in Part 10;
and
(b) despite the terms of the litigation restraint
order.
39 Magistrates' Court or Children's Court may make
appeal restriction order--intervention order
legislation
(1) The Magistrates' Court or the Children's Court
may make an appeal restriction order against a
person who is subject to an extended litigation
restraint order that relates to intervention order
legislation if satisfied that--
(a) the person has frequently made applications
for leave to proceed that are vexatious
applications; and
(b) it is in the interests of justice that the order
be made.
34
Vexatious Proceedings Act 2014
No. of 2014
Part 6--Appeal Restriction Orders
s. 40
(2) An appeal restriction order made against a person
referred to in subsection (1) by the Magistrates'
Court or the Children's Court may direct that, for
the period specified in the order, the person has no
right to appeal a decision of the relevant court to
refuse leave to commence or continue a
proceeding in that court.
(3) An appeal restriction order may be made under
subsection (1)--
(a) despite anything to the contrary in Part 10;
and
(b) despite the terms of the extended litigation
restraint order.
40 Effect of appeal restriction order
On the making of an appeal restriction order,
subject to the terms of the order--
(a) an application for leave to appeal to which
the order relates is stayed; and
(b) an application for leave to appeal made in
contravention of the order is of no effect.
41 Appeal restriction order does not affect other
applications or proceedings
An appeal restriction order made by a Court or
VCAT does not affect a person's right--
(a) to make or continue another type of
interlocutory application in a Victorian court
or tribunal; or
(b) to commence or continue a proceeding in a
Victorian court or tribunal (other than the
appeal).
Note
The terms of a litigation restraint order may restrict a person's right
to make or continue an interlocutory application or commence or
continue a proceeding in a Victorian court or tribunal.
35
Vexatious Proceedings Act 2014
No. of 2014
Part 6--Appeal Restriction Orders
s. 42
42 Duration of appeal restriction order
(1) An appeal restriction order remains in force for
the period specified in the order.
(2) A Court or VCAT may specify that an order
remains in force indefinitely.
(3) A Court or VCAT may extend the duration of an
appeal restriction order referred to in
subsection (1) if the Court or VCAT considers it is
in the interests of justice to do so.
__________________
36
Vexatious Proceedings Act 2014
No. of 2014
Part 7--General Matters Relating to Orders
s. 43
PART 7--GENERAL MATTERS RELATING TO ORDERS
Division 1--Applications for orders
43 Attorney-General may request documents from
Victorian court or tribunal
(1) For the purposes of deciding whether to make an
application for a litigation restraint order against a
person, the Attorney-General may request a
Victorian court or tribunal to provide a copy of
documents held by the Victorian court or tribunal
in relation to an interlocutory application made or
a proceeding commenced by the person.
(2) A Victorian court or tribunal may provide to the
Attorney-General a copy of documents requested
under subsection (1).
44 Notice of application for order--intervention order
legislation
The principal registrar of the Magistrates' Court or
the Children's Court (as the case requires) must
cause a copy of an application under section 18
for an extended litigation restraint order that
relates to intervention order legislation to be given
to--
(a) the person who it is proposed will be
protected by the order; and
(b) the person who it is proposed will be subject
to the order.
Division 2--Making of orders
45 Certain persons must be given opportunity to be
heard
(1) Subject to subsection (2), a Court or VCAT must
not make a litigation restraint order, an acting in
concert order or an appeal restriction order against
a person without--
37
Vexatious Proceedings Act 2014
No. of 2014
Part 7--General Matters Relating to Orders
s. 46
(a) hearing the person; or
(b) giving the person an opportunity to be heard.
(2) The Magistrates' Court or the Children's Court
must not make an extended litigation restraint
order, an acting in concert order or an appeal
restriction order that relates to intervention order
legislation without--
(a) hearing--
(i) the person who will be subject to the
order; and
(ii) the person who will be protected by the
order; or
(b) giving the persons referred to in
paragraph (a) an opportunity to be heard.
(3) For the purposes of subsections (1) and (2), the
Court or VCAT may order that submissions be
made in writing or given at an oral hearing.
46 Statement of reasons for order--intervention order
legislation
An extended litigation restraint order that relates
to intervention order legislation made by the
Magistrates' Court or the Children's Court must
include or be accompanied by a statement of
reasons for the decision.
Division 3--Copies of orders
47 Copy of order to be given to Attorney-General
(1) If a Court or VCAT makes a litigation restraint
order, an acting in concert order or an appeal
restriction order, the Court or VCAT (as the case
requires) must ensure a copy of the order is given
to the Attorney-General.
38
Vexatious Proceedings Act 2014
No. of 2014
Part 7--General Matters Relating to Orders
s. 48
(2) Despite section 117(6) of the Victorian Civil and
Administrative Tribunal Act 1998, a copy of an
order made by VCAT given to the Attorney-
General under subsection (1) is not required to
include a statement of reasons referred to in that
section.
48 Copy of order to be given to other Victorian courts
and tribunals
(1) If the Supreme Court makes a litigation restraint
order, an acting in concert order or an appeal
restriction order, the Prothonotary must cause a
copy of the order to be given--
(a) in the case of a general litigation restraint
order or an extended litigation restraint
order, to each Victorian court or tribunal; or
(b) in any other case, to the County Court, the
Magistrates' Court and to VCAT.
(2) If the County Court makes a litigation restraint
order, an acting in concert order or an appeal
restriction order, the registrar of the County Court
must cause a copy of the order to be given to the
Supreme Court, the Magistrates' Court and to
VCAT.
(3) If the Magistrates' Court makes a litigation
restraint order, an acting in concert order or an
appeal restriction order, the principal registrar of
the Magistrates' Court must cause a copy of the
order to be given--
(a) in the case of an order that relates to
intervention order legislation, to the Supreme
Court, the County Court, the Children's
Court and to VCAT; or
(b) in any other case, to the Supreme Court, the
County Court and to VCAT.
39
Vexatious Proceedings Act 2014
No. of 2014
Part 7--General Matters Relating to Orders
s. 49
(4) If the Children's Court makes an extended
litigation restraint order, an acting in concert order
or an appeal restriction order that relates to
intervention order legislation, the principal
registrar of the Children's Court must cause a copy
of the order to be given to the Supreme Court, the
County Court, the Magistrates' Court and to
VCAT.
(5) If VCAT makes a litigation restraint order, an
acting in concert order or an appeal restriction
order, the principal registrar of VCAT must cause
a copy of the order to be given to the Supreme
Court, the County Court and the Magistrates'
Court.
(6) Despite section 117(6) of the Victorian Civil and
Administrative Tribunal Act 1998, a copy of an
order made by VCAT given to a Court under
subsection (5) is not required to include a
statement of reasons referred to in that section.
49 Copy of order--intervention order legislation
The principal registrar of the Magistrates' Court or
the Children's Court (as the case requires) must
cause a copy of an extended litigation restraint
order, an acting in concert order or an appeal
restriction order that relates to intervention order
legislation to be given to--
(a) the person subject to the order; and
(b) the person protected by the order; and
(c) if the applicant is not the person protected by
the order, the applicant.
__________________
40
Vexatious Proceedings Act 2014
No. of 2014
Part 8--Applications for Leave to Proceed
s. 50
PART 8--APPLICATIONS FOR LEAVE TO PROCEED
Division 1--Application for leave to proceed under limited
litigation restraint order
50 Application for leave to make or continue
interlocutory application
(1) A person who is subject to a limited litigation
restraint order may apply to the Court that made
the order or to VCAT (as the case requires) for
leave to make or continue an interlocutory
application in the proceeding to which the order
relates.
(2) This section applies despite anything to the
contrary in the limited litigation restraint order.
51 Court or VCAT may grant leave to make or
continue interlocutory application
On an application under section 50, a Court or
VCAT may grant a person who is subject to a
limited litigation restraint order leave to make or
continue an interlocutory application in a
proceeding to which the order relates if the Court
or VCAT is satisfied that--
(a) the interlocutory application to be made or
continued is not a vexatious application; and
(b) there are reasonable grounds for the
application.
Division 2--Application for leave to proceed under extended
litigation restraint order
52 Application for leave to commence or continue
proceeding
(1) Subject to subsection (2), a person who is subject
to an extended litigation restraint order may apply
to a Victorian court or tribunal for leave to
commence or continue a proceeding--
41
Vexatious Proceedings Act 2014
No. of 2014
Part 8--Applications for Leave to Proceed
s. 53
(a) against a person or other entity protected by
the order; or
(b) in respect of a matter described in the order.
(2) A person who is subject to an extended litigation
restraint order that relates to intervention order
legislation may apply to the Magistrates' Court or
the Children's Court for leave to commence or
continue a proceeding--
(a) against a person protected by the order or his
or her child; or
(b) in respect of a matter described in the order.
(3) Subject to subsection (4), an application under
subsection (1) or (2) must be made to the
Victorian court or tribunal that made the extended
litigation restraint order.
(4) If the extended litigation restraint order was made
by the Supreme Court and the order does not
provide otherwise, an application under
subsection (1) must be made to the Victorian court
or tribunal that would hear the proceeding to
which the application for leave relates.
(5) Subsection (1) applies despite anything to the
contrary in the extended litigation restraint order.
53 Court or VCAT may grant leave to commence or
continue proceeding
On an application under section 52, a Victorian
court or tribunal may grant a person who is
subject to a extended litigation restraint order
leave to commence or continue a proceeding
against a person or other entity protected by the
order, a child of a person protected by the order,
or in respect of a matter described in the order, if
the Victorian court or tribunal is satisfied that--
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Vexatious Proceedings Act 2014
No. of 2014
Part 8--Applications for Leave to Proceed
s. 54
(a) the proceeding is not a vexatious proceeding;
and
(b) there are reasonable grounds for the
proceeding.
Division 3--Application for leave to proceed under general
litigation restraint order
54 Application for leave to commence or continue
proceeding
(1) A person who is subject to a general litigation
restraint order may apply to a Victorian court or
tribunal for leave to commence or continue a
proceeding.
(2) Unless the general litigation restraint order
provides otherwise, an application under
subsection (1) must be made to the Victorian court
or tribunal that would hear the proceeding to
which the leave application relates.
(3) Subsection (1) applies despite anything to the
contrary in the general litigation restraint order.
55 Victorian court or tribunal may grant leave to
commence or continue proceeding
On an application under section 54, a Victorian
court or tribunal may grant a person who is
subject to a general litigation restraint order leave
to commence or continue a proceeding if the
Victorian court or tribunal is satisfied that--
(a) the proceeding is not a vexatious proceeding;
and
(b) there are reasonable grounds for the
proceeding.
43
Vexatious Proceedings Act 2014
No. of 2014
Part 8--Applications for Leave to Proceed
s. 56
Division 4--General matters relating to applications for
leave to proceed
56 Person must disclose certain matters
(1) A person subject to a litigation restraint order who
makes an application for leave to proceed must
disclose the following details to the Victorian
court or tribunal in which the application is
made--
(a) details of each application for leave to
proceed made by the person;
(b) details of each application for leave to
commence or continue a proceeding made by
the person under section 21 of the Supreme
Court Act 1986, as in force immediately
before its repeal;
(c) details of each interlocutory application
made or proceeding commenced or
conducted by the person--
(a) that is a vexatious application or a
vexatious proceeding; or
(b) which has been stayed or dismissed on
the basis of being made, commenced or
conducted without merit;
(d) an explanation as to how the application for
leave to proceed is materially different to
each application referred to in paragraph (a),
(b) or (c) (if any);
(e) all other facts material to the application,
whether in support of or adverse to the
application, that are known to the person.
(2) A disclosure under subsection (1) must be made
by affidavit unless the rules of the court or rules of
the tribunal otherwise provide or the Victorian
court or tribunal otherwise orders.
44
Vexatious Proceedings Act 2014
No. of 2014
Part 8--Applications for Leave to Proceed
s. 57
57 Refusal to accept application for leave to proceed
(1) Subject to subsection (2), the following persons
may refuse on behalf of a Victorian court or
tribunal to accept for filing or lodgment an
application for leave to proceed, if not satisfied
that the application is materially different from a
previous application made by the applicant--
(a) in the case of the Supreme Court--the
Prothonotary; or
(b) in the case of the County Court--the
registrar of the County Court; or
(c) in the case of the Magistrates' Court--the
principal registrar of the Magistrates' Court;
or
(d) in the case of the Children's Court for an
application that relates to intervention order
legislation--the principal registrar of the
Children's Court; or
(e) in the case of VCAT--the principal registrar
of VCAT; or
(f) in the case of VOCAT--the principal
registrar of VOCAT.
(2) The Victorian court or tribunal may direct the
relevant person referred to in subsection (1) to
accept an application for leave to proceed.
58 Victorian court or tribunal may dismiss application
for leave to proceed
A Victorian court or tribunal may dismiss an
application for leave to proceed made by a person
if the Victorian court or tribunal is not satisfied
that the application is materially different to a
previous application made by that person.
45
Vexatious Proceedings Act 2014
No. of 2014
Part 8--Applications for Leave to Proceed
s. 59
59 No notice of application to be given without
direction or order
Despite anything to the contrary in any other Act
or rules of court, a person who makes an
application for leave to proceed must not give
notice of the application unless a Victorian court
or tribunal--
(a) otherwise directs the applicant under
section 60 or 61; or
(b) makes an order in relation to the notification
of persons.
60 Direction as to giving notice of application
(1) This section applies if a Victorian court or tribunal
considers that an application for leave to proceed,
other than an application for leave to proceed
under an extended litigation restraint order that
relates to intervention order legislation, should
proceed.
(2) The Victorian court or tribunal must direct the
applicant for leave to proceed to give notice of the
application to the following persons--
(a) the Attorney-General;
(b) the person (if any) who made the application
for the litigation restraint order to which the
application for leave to proceed relates;
(c) any person named in the interlocutory
application or the proceeding to which the
application for leave to proceed relates.
(3) A Victorian court or tribunal may make any other
order in relation to the notification of persons that
it considers appropriate in the circumstances.
46
Vexatious Proceedings Act 2014
No. of 2014
Part 8--Applications for Leave to Proceed
s. 61
(4) Notice given by an applicant in accordance with
this section must--
(a) include a copy of the application for leave to
proceed; and
(b) state that the person given the application is
entitled to make submissions in relation to
the application.
61 Direction as to giving notice of application--
intervention order legislation
(1) This section applies if the Magistrates' Court or
the Children's Court considers that an application
for leave to proceed under an extended litigation
restraint order that relates to intervention order
legislation should proceed.
(2) The Magistrates' Court or the Children's Court (as
the case requires) must direct the principal
registrar of the court to cause notice of the
application to be given to the following persons--
(a) the Attorney-General;
(b) the person (if any) who made the application
for the extended litigation restraint order to
which the application for leave to proceed
relates;
(c) any person named in the proceeding to which
the application for leave to proceed relates.
(3) The Magistrates' Court or the Children's Court
may make any other order in relation to the
notification of persons that it considers
appropriate in the circumstances.
(4) Notice given in accordance with this section
must--
(a) include a copy of the application for leave to
proceed; and
47
Vexatious Proceedings Act 2014
No. of 2014
Part 8--Applications for Leave to Proceed
s. 62
(b) state that the person given notice of the
application is entitled to make submissions
in relation to the application.
62 Victorian court or tribunal may give persons
opportunity to be heard
(1) A person who has been given notice in accordance
with section 60 or 61 may be heard in relation to
the application for leave to proceed.
(2) For the purposes of subsection (1), the Victorian
court or tribunal may direct that the person make
written submissions or oral submissions.
63 Determining application for leave to proceed
(1) A Victorian court or tribunal may determine an
application for leave to proceed on the basis of
written submissions, without the appearance of--
(a) the person who made the application; or
(b) any person given notice of the application in
accordance with section 60 or 61.
(2) Despite subsection (1), a Victorian court or
tribunal may determine an application for leave to
proceed by conducting an oral hearing, if the
Victorian court or tribunal considers--
(a) there are exceptional circumstances; and
(b) it is appropriate to do so, having regard to
the interests of justice.
(3) An oral hearing may be held under subsection (2)
regardless of whether written submissions have
been made to the Victorian court or tribunal and,
if made, whether those submissions establish the
matters required for the granting of leave or the
dismissal of the application.
48
Vexatious Proceedings Act 2014
No. of 2014
Part 8--Applications for Leave to Proceed
s. 64
64 Leave may be subject to conditions
If a Victorian court or tribunal grants a person
leave to make or continue an interlocutory
application, or to commence or continue a
proceeding, the leave may be subject to any
conditions that the Victorian court or tribunal
considers appropriate in the circumstances.
Example
The Victorian court or tribunal may order that the person must
deposit a certain amount of funds with the Victorian court or
tribunal as security for costs in the proceeding.
__________________
49
Vexatious Proceedings Act 2014
No. of 2014
Part 9--Variation or Revocation of Litigation Restraint Order
s. 65
PART 9--VARIATION OR REVOCATION OF LITIGATION
RESTRAINT ORDER
Division 1--Court or VCAT may vary or revoke order
65 Application for variation or revocation of litigation
restraint order
(1) Subject to subsection (2), a person who is subject
to a litigation restraint order may apply to vary or
revoke the order--
(a) to the Court that made the order with leave
of that Court; or
(b) if the order was made by VCAT, to VCAT
with leave of VCAT.
(2) A person who is subject to an extended litigation
restraint order that relates to intervention order
legislation may apply to vary or revoke the
order--
(a) if the order was made by the Magistrates'
Court, to the Magistrates' Court with leave of
that court; or
(b) if the order was made by the Children's
Court, to the Children's Court with leave of
that court.
(3) This section applies despite anything to the
contrary in the litigation restraint order, including
an extended litigation restraint order that relates to
intervention order legislation.
66 No notice of application to be given without
direction or order
(1) Despite anything to the contrary in any other Act
or rules of court, a person who makes an
application for leave to apply to vary or revoke a
litigation restraint order must not give notice of
the application for leave unless a Court or VCAT
50
Vexatious Proceedings Act 2014
No. of 2014
Part 9--Variation or Revocation of Litigation Restraint Order
s. 67
makes an order in relation to the notification of
persons.
(2) Despite anything to the contrary in any other Act
or rules of court, a person who makes an
application to vary or revoke a litigation restraint
order must not give notice of the application
unless a Court or VCAT--
(a) otherwise directs the applicant under
section 67 or 68; or
(b) makes an order in relation to the notification
of persons.
67 Direction as to notice of application
(1) This section applies if a Court or VCAT considers
that an application to vary or revoke a litigation
restraint order, other than an application to vary or
revoke an extended litigation restraint order that
relates to intervention order legislation, should
proceed.
(2) The Court or VCAT (as the case requires) must
direct the applicant for the variation or revocation
to give notice of the application to the following
persons--
(a) the Attorney-General;
(b) the person (if any) who made the application
for the litigation restraint order;
(c) the person (if any) who is protected by the
litigation restraint order.
(3) A Court or VCAT may make any other order in
relation to the notification of persons that it
considers appropriate in the circumstances.
(4) Notice given by an applicant in accordance with
this section must--
(a) include a copy of the application for
variation or revocation; and
51
Vexatious Proceedings Act 2014
No. of 2014
Part 9--Variation or Revocation of Litigation Restraint Order
s. 68
(b) state that the person given the application is
entitled to make submissions in relation to
the application.
68 Direction as to notice of application--intervention
order legislation
(1) This section applies if the Magistrates' Court or
the Children's Court considers that an application
to vary or revoke an extended litigation restraint
order that relates to intervention order legislation
should proceed.
(2) The Magistrates' Court or the Children's Court (as
the case requires) must direct the principal
registrar of the court to cause notice of the
application to be given to the following persons--
(a) the Attorney-General;
(b) the person (if any) who made the application
for the extended litigation restraint order;
(c) the person protected by the extended
litigation restraint order.
(3) The Magistrates' Court or the Children's Court
may make any other order in relation to the
notification of persons that it considers
appropriate in the circumstances.
(4) Notice given in accordance with this section
must--
(a) include a copy of the application for
variation or revocation; and
(b) state that the person given notice of the
application is entitled to make submissions
in relation to the application.
52
Vexatious Proceedings Act 2014
No. of 2014
Part 9--Variation or Revocation of Litigation Restraint Order
s. 69
69 Court or VCAT may vary or revoke litigation
restraint order
(1) If it considers it is in the interests of justice to do
so, a Court or VCAT may by order--
(a) vary a litigation restraint order in any manner
the Court or VCAT considers appropriate; or
(b) revoke a litigation restraint order.
(2) A Court or VCAT may make an order under
subsection (1)--
(a) on its own motion; or
(b) on an application under section 65(1) or (2).
70 Court or VCAT may give persons opportunity to be
heard
(1) A person who has been given notice in accordance
with section 67 or 68 may be heard in relation to
the application to vary or revoke a litigation
restraint order.
(2) For the purposes of subsection (1), the Court or
VCAT may direct that the person make written
submissions or oral submissions.
71 Determining application for variation or revocation
(1) A Court or VCAT may determine an application
to vary or revoke a litigation restraint order on the
basis of written submissions, without the
appearance of--
(a) the person who made the application; or
(b) any person given notice of the application in
accordance with section 67 or 68.
(2) Despite subsection (1), a Court or VCAT may
determine an application referred to in
subsection (1) by conducting an oral hearing if the
Court or VCAT considers--
53
Vexatious Proceedings Act 2014
No. of 2014
Part 9--Variation or Revocation of Litigation Restraint Order
s. 72
(a) there are exceptional circumstances; and
(b) it is appropriate to do so, having regard to
the interests of justice.
(3) An oral hearing may be held under subsection (2)
regardless of--
(a) whether written submissions have been made
to the Court or VCAT; and
(b) if submissions have been made, whether
those submissions establish the matters
required for the variation or revocation of the
litigation restraint order or the dismissal of
the application.
72 Notice of order to be given to Attorney-General
(1) If a Court or VCAT makes an order varying or
revoking a litigation restraint order, the Court or
VCAT (as the case requires) must ensure a copy
of the order is given to the Attorney-General.
(2) Despite section 117(6) of the Victorian Civil and
Administrative Tribunal Act 1998, a copy of an
order made by VCAT given to the Attorney-
General under subsection (1) is not required to
include a statement of reasons referred to in that
section.
73 Notice of order to be given to Victorian courts and
tribunals
(1) If the Supreme Court makes an order varying or
revoking a litigation restraint order, the
Prothonotary of the Supreme Court must cause a
copy of the order to be given--
(a) in the case of the variation or revocation of a
general litigation restraint order or an
extended litigation restraint order, to each
Victorian court or tribunal; or
54
Vexatious Proceedings Act 2014
No. of 2014
Part 9--Variation or Revocation of Litigation Restraint Order
s. 73
(b) in the case of the variation or revocation of a
limited litigation restraint order, to the
County Court, the Magistrates' Court and to
VCAT.
(2) If the County Court makes an order varying or
revoking a litigation restraint order, the registrar
of the County Court must cause a copy of the
order to be given to the Supreme Court, the
Magistrates' Court and to VCAT.
(3) If the Magistrates' Court makes an order varying
or revoking a litigation restraint order, the
principal registrar of the Magistrates' Court must
cause a copy of the order to be given--
(a) in the case of the variation or revocation of
an extended litigation restraint order that
relates to intervention order legislation, to
the Supreme Court, the County Court, the
Children's Court and to VCAT; or
(b) in any other case, to the Supreme Court, the
County Court and to VCAT.
(4) If the Children's Court makes an order varying or
revoking an extended litigation restraint order that
relates to intervention order legislation, the
principal registrar of the Children's Court must
cause a copy of the order to be given to the
Supreme Court, the County Court, the
Magistrates' Court and to VCAT.
(5) If VCAT makes an order varying or revoking a
litigation restraint order, the principal registrar of
VCAT must cause a copy of the order to be given
to the Supreme Court, the County Court and the
Magistrates' Court.
(6) Despite section 117(6) of the Victorian Civil and
Administrative Tribunal Act 1998, a copy of an
order made by VCAT given to a Court under
55
Vexatious Proceedings Act 2014
No. of 2014
Part 9--Variation or Revocation of Litigation Restraint Order
s. 74
subsection (5) is not required to include a
statement of reasons referred to in that section.
Division 2--Variation or revocation application prevention
orders
74 Court or VCAT may make variation or revocation
application prevention order
(1) Subject to subsection (2), a Court or VCAT may
make a variation or revocation application
prevention order in respect of a person who is
subject to a litigation restraint order if satisfied
that--
(a) the person has frequently made applications
for leave to vary or revoke a litigation
restraint order; and
(b) the applications are vexatious applications.
(2) The Magistrates' Court or the Children's Court
may make a variation or revocation application
prevention order in respect of a person who is
subject to an extended litigation restraint order
that relates to intervention order legislation if
satisfied that--
(a) the person has frequently made applications
for leave to vary or revoke the extended
litigation restraint order; and
(b) the applications are vexatious applications.
(3) A variation or revocation application prevention
order referred to in subsection (1) or (2) may only
be made by the Court that made the litigation
restraint order or by VCAT (as the case requires).
(4) A variation or revocation application prevention
order made under subsection (1) or (2) may direct
that a person must not do either or both of the
following for the period specified by the Court or
by VCAT--
56
Vexatious Proceedings Act 2014
No. of 2014
Part 9--Variation or Revocation of Litigation Restraint Order
s. 75
(a) continue an application for leave to vary or
revoke a litigation restraint order;
(b) apply for leave to vary or revoke a litigation
restraint order.
75 Effect of variation or revocation application
prevention order
On the making of a variation or revocation
application prevention order, subject to the terms
of the order--
(a) an application to which the order relates is
stayed; and
(b) an application made in contravention of the
order is of no effect.
76 Order does not affect other applications or
proceedings
A variation or revocation application prevention
order made by a Court or VCAT does not affect a
person's right--
(a) to make or continue another type of
interlocutory application in a Victorian court
or tribunal; or
(b) to commence or continue a proceeding in a
Victorian court or tribunal.
Note
The terms of a litigation restraint order may restrict a person's right
to make or continue an interlocutory application or commence or
continue a proceeding in a Victorian court or tribunal.
77 Duration of order
(1) A variation or revocation application prevention
order remains in force for the period specified in
the order.
(2) A Court or VCAT may specify that a variation or
revocation application prevention order remains in
force indefinitely.
57
Vexatious Proceedings Act 2014
No. of 2014
Part 9--Variation or Revocation of Litigation Restraint Order
s. 77
(3) A Court or VCAT may extend the duration of a
variation or revocation application prevention
order referred to in subsection (1) if the Court or
VCAT considers it is in the interests of justice to
do so.
__________________
58
Vexatious Proceedings Act 2014
No. of 2014
Part 10--Appeals
s. 78
PART 10--APPEALS
78 Application of this Part
This Part applies despite anything to the contrary
in a litigation restraint order.
79 Appeal of decisions to which this Part applies
With leave of the Supreme Court, a person may
appeal on a question of law arising in any of the
following decisions of a Victorian court or
tribunal--
(a) a decision to refuse leave to apply for a
litigation restraint order;
(b) a decision to make a litigation restraint order
or an acting in concert order;
(c) a decision to refuse to make a litigation
restraint order or an acting in concert order;
(d) a decision to vary or revoke a litigation
restraint order;
(e) a decision to refuse to vary or revoke a
litigation restraint order;
(f) subject to any appeal restriction order, a
decision to refuse an application for leave to
proceed.
Note
See also section 8.
80 No notice of application to be given without
direction or order
Despite anything to the contrary in any other Act
or rules of court, a person who makes an
application for leave to appeal a decision to which
this Part applies must not give notice of the
application unless the Supreme Court--
(a) otherwise directs the applicant under
section 81 or 82; or
59
Vexatious Proceedings Act 2014
No. of 2014
Part 10--Appeals
s. 81
(b) makes an order in relation to the notification
of persons.
81 Direction as to giving notice of application
(1) This section applies if the Supreme Court
considers that an application for leave to appeal a
decision to which this Part applies, other than an
application to appeal a decision that relates to
intervention order legislation, should proceed.
(2) The Supreme Court must direct the applicant for
leave to appeal to give notice of the application to
the following persons--
(a) in the case of an application for leave to
appeal a decision to refuse leave to apply for
a litigation restraint order, the person who is
the subject of the proposed order;
(b) in the case of an application for leave to
appeal a decision to make a litigation
restraint order or an acting in concert order--
(i) the Attorney-General; and
(ii) the person (if any) who applied for the
order; and
(iii) the person (if any) who is protected by
the order;
(c) in the case of an application for leave to
appeal a decision to refuse to make a
litigation restraint order or an acting in
concert order, the person who is the subject
of the proposed order;
(d) in the case of an application for leave to
appeal the variation or revocation of a
litigation restraint order, the person who is or
was the subject of the litigation restraint
order;
60
Vexatious Proceedings Act 2014
No. of 2014
Part 10--Appeals
s. 81
(e) in the case of an application for leave to
appeal a decision to refuse to vary or revoke
a litigation restraint order--
(i) the Attorney-General; and
(ii) the person (if any) who applied for the
litigation restraint order; and
(iii) the person (if any) who is protected by
the litigation restraint order;
(f) in the case of an application for leave to
appeal a decision to refuse an application for
leave to proceed--
(i) the Attorney-General; and
(ii) the person (if any) who made the
application for the litigation restraint
order to which the application for leave
to proceed relates; and
(iii) the persons who are named in the
proposed interlocutory application or
proceeding.
(3) The Supreme Court may make any other order in
relation to the notification of persons that it
considers appropriate in the circumstances.
(4) Notice given by an applicant in accordance with
this section must--
(a) include a copy of the application for leave to
appeal; and
(b) state that the person given notice is entitled
to be heard in relation to the application for
leave to appeal.
61
Vexatious Proceedings Act 2014
No. of 2014
Part 10--Appeals
s. 82
82 Direction as to giving notice of application--
intervention order legislation
(1) This section applies if the Supreme Court
considers that an application for leave to appeal a
decision to which this Part applies that relates to
intervention order legislation should proceed.
(2) The Supreme Court must direct the Prothonotary
to cause notice of the application to be given to
the following persons--
(a) in the case of an application for leave to
appeal a decision to refuse leave to apply for
an extended litigation restraint order, the
person who is the subject of the proposed
order;
(b) in the case of an application for leave to
appeal a decision to make an extended
litigation restraint order or an acting in
concert order--
(i) the Attorney-General; and
(ii) the person (if any) who applied for the
order; and
(iii) the person (if any) who is protected by
the order;
(c) in the case of an application for leave to
appeal a decision to refuse to make an
extended litigation restraint order or an
acting in concert order, the person who is the
subject of the proposed order;
(d) in the case of an application for leave to
appeal the variation or revocation of an
extended litigation restraint order, the person
who is or was the subject of the extended
litigation restraint order;
62
Vexatious Proceedings Act 2014
No. of 2014
Part 10--Appeals
s. 82
(e) in the case of an application for leave to
appeal a decision to refuse to vary or revoke
an extended litigation restraint order--
(i) the Attorney-General; and
(ii) the person (if any) who applied for the
extended litigation restraint order; and
(iii) the person (if any) who is protected by
the extended litigation restraint order;
(f) in the case of an application for leave to
appeal a decision to refuse an application for
leave to proceed--
(i) the Attorney-General; and
(ii) the person (if any) who made the
application for the extended litigation
restraint order to which the application
for leave to proceed relates; and
(iii) the persons who are named in the
proposed interlocutory application or
proceeding.
(3) The Supreme Court may make any other order in
relation to the notification of persons that it
considers appropriate in the circumstances.
(4) Notice given in accordance with this section
must--
(a) include a copy of the application for leave to
appeal; and
(b) state that the person given notice is entitled
to be heard in relation to the application for
leave to appeal.
63
Vexatious Proceedings Act 2014
No. of 2014
Part 10--Appeals
s. 83
83 Court may give persons opportunity to be heard
(1) A person who has been given notice in accordance
with section 81 or 82 may be heard in relation to
the application for leave to appeal a decision to
which this Part applies.
(2) For the purposes of subsection (1), the Supreme
Court may direct that the person make written
submissions or oral submissions.
84 Determining application for leave to appeal
(1) The Supreme Court may determine an application
for leave to appeal under this Part on the basis of
written submissions, without the appearance of the
person who made the application or any person
given notice in accordance with section 81 or 82.
(2) Despite subsection (1), the Supreme Court may
determine an application referred to in that
subsection by conducting an oral hearing, if the
Supreme Court considers--
(a) there are exceptional circumstances; and
(b) it is appropriate to do so, having regard to
the interests of justice.
(3) An oral hearing may be held under subsection (2)
regardless of--
(a) whether written submissions have been made
to the Supreme Court; and
(b) if submissions have been made, whether
those submissions establish the matters
required for the determination or dismissal of
the application.
__________________
64
Vexatious Proceedings Act 2014
No. of 2014
Part 11--Miscellaneous Provisions
s. 85
PART 11--MISCELLANEOUS PROVISIONS
85 Attorney-General to publish copy of order
(1) The Attorney-General must cause a copy of any
order given to the Attorney-General under this Act
to be published in the Government Gazette.
(2) The Attorney-General may publish the details of
the order in any other manner that the Attorney-
General thinks fit, including on the Internet.
Example
The Attorney-General may publish the details of a litigation
restraint order or a variation or revocation of a litigation
restraint order on the Internet on the Department's website.
(3) Subject to subsection (4), a copy of an order
published under this section may have removed
from it the name of any person or other entity
protected by the order.
(4) A copy of an order published under this section
that relates to intervention order legislation must
have removed from it the name of any person
protected by the order, including a child of a
person protected by the order, unless the Court,
when making the order, otherwise orders.
86 Publication of names--intervention order legislation
(1) At the time of making an order under this Act that
relates to intervention order legislation, the
Magistrates' Court or the Children's Court may
specify in the order that the name of the person
protected by the order, or the name of his or her
child, may be published by the Attorney-General
under section 85.
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(2) The Magistrates' Court or the Children's Court
may only allow the publication of the particulars
referred to in subsection (1) if--
(a) the court reasonably considers it is in the
public interest to allow the publication of the
particulars; and
(b) the court reasonably considers it is just to
allow the publication in the circumstances.
87 Annual reports
(1) Each of the Courts and VCAT must give to the
Attorney-General a report each financial year
stating--
(a) the number of litigation restraint orders,
acting in concert orders and appeal
restriction orders made by the Court or by
VCAT in that year; and
(b) the number of litigation restraint orders that
were varied or revoked by the Court or by
VCAT in that year; and
(c) any other prescribed matters.
(2) A report under subsection (1) must be given to the
Attorney-General as soon as practicable after the
end of the financial year to which it relates.
88 Rules of Court
(1) Without limiting any other power to make rules of
court, rules of court made by the authority having
for the time being power to make rules regulating
the practice and procedure of a court or tribunal
may include rules for or with respect to any matter
for which provision may be made under this Act
by rules of court.
(2) Rules of court made under this Act may regulate
generally the practice and procedure of a court or
tribunal under this Act.
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89 Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
(2) The regulations may--
(a) be of general or limited application; and
(b) differ according to differences in time, place
or circumstances; and
(c) confer a discretionary authority or impose a
duty on a specified person or body or class of
persons or bodies; and
(d) leave any matter or thing to be from time to
time determined, applied, dispensed with or
regulated by a specified person; and
(e) provide in a specified case or class of cases
for the exemption of persons or things or a
class of persons or things from any of the
provisions of the regulations--
(i) whether unconditionally or on specified
conditions; and
(ii) either wholly or to any extent that is
specified; and
(f) apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification or method, formulated,
issued, prescribed or published by any other
person, whether--
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
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(iii) as formulated, issued, prescribed or
published from time to time.
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PART 12--TRANSITIONAL PROVISIONS
90 Application of Interpretation of Legislation Act
1984
Except where the contrary intention appears, this
Part does not affect or take away from the
Interpretation of Legislation Act 1984.
91 Supreme Court Act 1986--orders declaring person
to be vexatious litigant
(1) An order declaring a person to be a vexatious
litigant made under section 21(2) of the Supreme
Court Act 1986 as in force immediately before
the repeal of section 21 of that Act is taken on and
from that repeal to be a general litigation restraint
order made by the Supreme Court under
section 29 of this Act.
(2) The terms of a general litigation restraint order
referred to in subsection (1) are the same as the
terms of the order made under section 21(2) of the
Supreme Court Act 1986 as in force immediately
before its repeal, unless those terms are otherwise
varied or revoked under this Act.
92 Supreme Court Act 1986--applications not heard or
determined before repeal of section 21
If immediately before the repeal of section 21 of
the Supreme Court Act 1986, an application has
been made under that section but the Supreme
Court has not begun to hear and determine that
application, on and from that repeal--
(a) the application is taken to be an application
made by the Attorney-General under
section 28 of this Act for a general litigation
restraint order; and
(b) this Act applies to the hearing and
determination of the application.
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93 Supreme Court Act 1986--applications not
determined before repeal of section 21
(1) Despite the repeal of section 21 of the Supreme
Court Act 1986, that section, as in force
immediately before its repeal, continues to apply
to the hearing and determination of an application
under section 21(1) of that Act if, immediately
before that repeal--
(a) the Supreme Court has begun to hear and
determine the application; and
(b) the application has not been finally
determined.
(2) If an order declaring a person to be a vexatious
litigant is made in accordance with subsection (1)
by the Supreme Court under section 21(2) of the
Supreme Court Act 1986 as in force immediately
before its repeal, on the making of the order--
(a) the order declaring a person to be a vexatious
litigant is taken to be a general litigation
restraint order made by the Supreme Court
under section 29 of this Act; and
(b) the terms of the general litigation restraint
order are the same as the terms of the order
made under section 21(2) of the Supreme
Court Act 1986 as in force immediately
before its repeal, unless those terms are
otherwise varied or revoked under this Act.
94 Family Violence Protection Act 2008--orders
declaring person to be vexatious litigant
(1) Subject to section 96, an order declaring a person
to be a vexatious litigant made under section 193
of the Family Violence Protection Act 2008 and
in force immediately before the repeal of Part 11
of that Act is taken on and from that repeal to
be--
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(a) in the case of an order made by the
Magistrates' Court, an extended litigation
restraint order that relates to intervention
order legislation made by the Magistrates'
Court under section 19 of this Act; or
(b) in the case of an order made by the
Children's Court, an extended litigation
restraint order that relates to intervention
order legislation made by the Children's
Court under section 19 of this Act.
(2) The terms of an extended litigation restraint order
referred to in subsection (1) are the same as the
terms of the order made under section 193 of the
Family Violence Protection Act 2008, as in force
immediately before its repeal, unless those terms
are otherwise varied or revoked under this Act.
95 Family Violence Protection Act 2008--applications
not heard and determined before repeal of Part 11
(1) If immediately before the repeal of Part 11 of the
Family Violence Protection Act 2008, an
application has been made under section 189 of
that Act but the Magistrates' Court or the
Children's Court has not begun to hear and
determine that application, on and from that
repeal--
(a) the application is taken to be--
(i) in the case of an application made by
the Attorney-General--an application
made by the Attorney-General under
section 18 of this Act for an extended
litigation restraint order that relates to
intervention order legislation; or
(ii) in the case of an application made by a
person referred to in section 189(1)(b),
(c) or (d) of the Family Violence
Protection Act 2008--an application
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made under section 18 of this Act by a
person referred to in section 18(1)(b)
for an extended litigation restraint order
that relates to intervention order
legislation; and
(b) this Act applies to the hearing and
determination of the application.
(2) If immediately before the repeal of Part 11 of the
Family Violence Protection Act 2008, an
application referred to in section 194 of that Act
has been made but the Magistrates' Court or the
Children's Court has not begun to hear and
determine that application, on and from that
repeal--
(a) the application is taken to be an application
for leave to proceed made under
section 52(2) of this Act; and
(b) this Act applies to the hearing and
determination of the application.
(3) If immediately before the repeal of Part 11 of the
Family Violence Protection Act 2008, an
application has been made under section 197 of
that Act but the Magistrates' Court or the
Children's Court has not begun to hear and
determine that application, on and from that
repeal--
(a) the application is taken to be an application
made under section 65 of this Act for the
variation or revocation of an extended
litigation restraint order that relates to
intervention order legislation; and
(b) this Act applies to the hearing and
determination of the application.
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(4) If immediately before the repeal of Part 11 of the
Family Violence Protection Act 2008, an
application has been made under section 195 of
that Act but the Supreme Court or the County
Court has not begun to hear and determine that
application, on and from that repeal--
(a) the application is taken to be an application
made under section 79 of this Act for leave
to appeal against an extended litigation
restraint order that relates to intervention
order legislation; and
(b) this Act applies to the hearing and
determination of the application.
96 Family Violence Protection Act 2008--applications
not determined before repeal of Part 11
(1) Despite the repeal of Part 11 of the Family
Violence Protection Act 2008, that Part, as in
force immediately before its repeal, continues to
apply to the hearing and determination of an
application under section 189, 194, 195 or 197 of
that Act if, immediately before that repeal--
(a) a Court has begun to hear and determine the
application; and
(b) the application has not been finally
determined.
(2) If an order declaring a person to be a vexatious
litigant is made in accordance with subsection (1)
by the Magistrates' Court or the Children's Court
under section 193 of the Family Violence
Protection Act 2008 as in force immediately
before its repeal, on the making of the order--
(a) that order is taken to be--
(i) in the case of an order made by the
Magistrates' Court, an extended
litigation restraint order that relates to
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intervention order legislation made by
the Magistrates' Court under section 19
of this Act; or
(ii) in the case of an order made by the
Children's Court, an extended litigation
restraint order that relates to
intervention order legislation made by
the Children's Court under section 19 of
this Act; and
(b) the terms of the extended litigation restraint
order are the terms of the order made under
section 193 of the Family Violence
Protection Act 2008 as in force immediately
before its repeal, unless those terms are
otherwise varied or revoked under this Act.
(3) If an application for leave to make an application
under the Family Violence Protection Act 2008,
made by a person who is declared to be a
vexatious litigant under Part 11 of that Act or
Part 10 of the Personal Safety Intervention
Orders Act 2010, is decided in accordance with
subsection (1) by the Magistrates' Court or the
Children's Court under section 194 of the Family
Violence Protection Act 2008 as in force
immediately before its repeal, on the deciding of
that application--
(a) the applicant is taken to have been granted or
refused leave under section 53 of this Act to
commence or continue a proceeding (as the
case requires); and
(b) the order declaring the person to be a
vexatious litigant is taken to be--
(i) in the case of an order made by the
Magistrates' Court, an extended
litigation restraint order that relates to
intervention order legislation made by
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the Magistrates' Court under section 19
of this Act; or
(ii) in the case of an order made by the
Children's Court, an extended litigation
restraint order that relates to
intervention order legislation made by
the Children's Court under section 19 of
this Act; and
(c) the terms of the extended litigation restraint
order are the terms of the order made under
section 193 of the Family Violence
Protection Act 2008 as in force immediately
before its repeal, unless those terms are
otherwise varied or revoked under this Act.
(4) If an order varying an order declaring a person to
be a vexatious litigant is made in accordance with
subsection (1) by the Magistrates' Court or the
Children's Court under section 197 of the Family
Violence Protection Act 2008 as in force
immediately before its repeal, on and from the
date of the variation order, the order declaring a
person to be a vexatious litigant is taken to be--
(a) in the case of an order made by the
Magistrates' Court, an extended litigation
restraint order that relates to intervention
order legislation made by the Magistrates'
Court under section 19 of this Act, the terms
of which are varied in accordance with the
variation order; or
(b) in the case of an order made by the
Children's Court, an extended litigation
restraint order that relates to intervention
order legislation made by the Children's
Court under section 19 of this Act, the terms
of which are varied in accordance with the
variation order.
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(5) If the Supreme Court or the County Court, on an
appeal under section 195 of the Family Violence
Protection Act 2008 being dealt with in
accordance with subsection (1), determines that an
order declaring a person to be a vexatious litigant
is to remain in force, on and from the date of that
determination--
(a) the order declaring a person to be a vexatious
litigant is taken to be--
(i) in the case of an order made by the
Magistrates' Court, an extended
litigation restraint order that relates to
intervention order legislation made by
the Magistrates' Court under section 19
of this Act; or
(ii) in the case of an order made by the
Children's Court, an extended litigation
restraint order that relates to
intervention order legislation made by
the Children's Court under section 19 of
this Act; and
(b) the terms of the extended litigation restraint
order are the terms of the order made under
section 193 of the Family Violence
Protection Act 2008 as in force immediately
before its repeal, unless those terms are
otherwise varied or revoked under this Act.
97 Personal Safety Intervention Orders Act 2010--
orders declaring person to be vexatious litigant
(1) Subject to section 99, an order declaring a person
to be a vexatious litigant made under section 165
of the Personal Safety Intervention Orders Act
2010 and in force immediately before the repeal
of Part 10 of that Act is taken on and from that
repeal to be--
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(a) in the case of an order made by the
Magistrates' Court, an extended litigation
restraint order that relates to intervention
order legislation made by the Magistrates'
Court under section 19 of this Act; or
(b) in the case of an order made by the
Children's Court, an extended litigation
restraint order that relates to intervention
order legislation made by the Children's
Court under section 19 of this Act.
(2) The terms of an extended litigation restraint order
referred to in subsection (1) are the same as the
terms of the order made under section 165 of the
Personal Safety Intervention Orders Act 2010
as in force immediately before its repeal, unless
those terms are otherwise varied or revoked under
this Act.
98 Personal Safety Intervention Orders Act 2010--
Applications not heard and determined before
repeal of Part 10
(1) If immediately before the repeal of Part 10 of the
Personal Safety Intervention Orders Act 2010,
an application has been made under section 161 of
that Act but the Magistrates' Court or the
Children's Court has not begun to hear and
determine that application, on and from that
repeal--
(a) the application is taken to be--
(i) in the case of an application made by
the Attorney-General--an application
made by the Attorney-General under
section 18 of this Act for an extended
litigation restraint order that relates to
intervention order legislation; or
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(ii) in the case of an application made by a
person referred to in section 161(1)(b),
(c) or (d) of the Personal Safety
Intervention Orders Act 2010--an
application made under section 18 of
this Act by a person referred to in
section 18(1)(b) for an extended
litigation restraint order that relates to
intervention order legislation; and
(b) this Act applies to the hearing and
determination of the application.
(2) If immediately before the repeal of Part 10 of the
Personal Safety Intervention Orders Act 2010,
an application referred to in section 166 of that
Act has been made but the Magistrates' Court or
the Children's Court has not begun to hear and
determine that application, on and from that
repeal--
(a) the application is taken to be an application
for leave to proceed made under
section 52(2) of this Act; and
(b) this Act applies to the hearing and
determination of the application.
(3) If immediately before the repeal of Part 10 of the
Personal Safety Intervention Orders Act 2010,
an application has been made under section 169 of
that Act but the Magistrates' Court or the
Children's Court has not begun to hear and
determine that application, on and from that
repeal--
(a) the application is taken to be an application
made under section 65 of this Act for the
revocation or variation of an extended
litigation restraint order that relates to
intervention order legislation; and
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(b) this Act applies to the hearing and
determination of the application.
(4) If immediately before the repeal of Part 10 of the
Personal Safety Intervention Orders Act 2010,
an application has been made under section 167 of
that Act but the Supreme Court or the County
Court has not begun to hear and determine that
application, on and from that repeal--
(a) the application is taken to be an application
made under section 79 of this Act for leave
to appeal against an extended litigation
restraint order that relates to intervention
order legislation; and
(b) this Act applies to the hearing and
determination of the application.
99 Personal Safety Intervention Orders Act 2010--
applications not determined before repeal of Part 10
(1) Despite the repeal of Part 10 of the Personal
Safety Intervention Orders Act 2010, that Part,
as in force immediately before its repeal,
continues to apply to the hearing and
determination of an application under section 161,
166, 167 or 169 of that Act if, immediately before
that repeal--
(a) a Court has begun to hear and determine the
application; and
(b) the application has not been finally
determined.
(2) If an order declaring a person to be a vexatious
litigant is made in accordance with subsection (1)
by the Magistrates' Court or the Children's Court
under section 165 of the Personal Safety
Intervention Orders Act 2010 as in force
immediately before its repeal, on the making of
the order--
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(a) the order declaring a person to be a vexatious
litigant is taken to be--
(i) in the case of an order made by the
Magistrates' Court, an extended
litigation restraint order that relates to
intervention order legislation made by
the Magistrates' Court under section 19
of this Act; or
(ii) in the case of an order made by the
Children's Court, an extended litigation
restraint order that relates to
intervention order legislation made by
the Children's Court under section 19 of
this Act; and
(b) the terms of the extended litigation restraint
order are the terms of the order made under
section 165 of the Personal Safety
Intervention Orders Act 2010 as in force
immediately before its repeal, unless those
terms are otherwise varied or revoked under
this Act.
(3) If an application for leave to make an application
under the Personal Safety Intervention Orders
Act 2010, made by a person who is declared to be
a vexatious litigant under Part 10 of that Act or
Part 11 of the Family Violence Protection Act
2008, is decided in accordance with subsection (1)
by the Magistrates' Court or the Children's Court
under section 166 of the Personal Safety
Intervention Orders Act 2010 as in force
immediately before its repeal, on the deciding of
that application--
(a) the applicant is taken to have been granted or
refused leave under section 53 of this Act to
commence or continue a proceeding (as the
case requires); and
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(b) the order declaring the person to be a
vexatious litigant is taken to be--
(i) in the case of an order made by the
Magistrates' Court, an extended
litigation restraint order that relates to
intervention order legislation made by
the Magistrates' Court under section 19
of this Act; or
(ii) in the case of an order made by the
Children's Court, an extended litigation
restraint order that relates to
intervention order legislation made by
the Children's Court under section 19 of
this Act; and
(c) the terms of the extended litigation restraint
order are the terms of the order made under
section 165 of the Personal Safety
Intervention Orders Act 2010 as in force
immediately before its repeal, unless those
terms are otherwise varied or revoked under
this Act.
(4) If an order to vary an order declaring a person to
be a vexatious litigant is made in accordance with
subsection (1) by the Magistrates' Court or the
Children's Court under section 169 of the
Personal Safety Intervention Orders Act 2010
as in force immediately before its repeal, on and
from the date of the variation order, the order
declaring a person to be a vexatious litigant is
taken to be--
(a) in the case of an order made by the
Magistrates' Court, an extended litigation
restraint order that relates to intervention
order legislation made by the Magistrates'
Court under section 19 of this Act, the terms
of which are varied in accordance with the
variation order; or
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(b) in the case of an order made by the
Children's Court, an extended litigation
restraint order that relates to intervention
order legislation made by the Children's
Court under section 19 of this Act, the terms
of which are varied in accordance with the
variation order.
(5) If the Supreme Court or the County Court, on an
appeal under section 167 of the Personal Safety
Intervention Orders Act 2010 being dealt with
in accordance with subsection (1), determines that
an order declaring a person to be a vexatious
litigant is to remain in force, on and from the date
of that determination--
(a) the order declaring a person to be a vexatious
litigant is taken to be--
(i) in the case of an order made by the
Magistrates' Court, an extended
litigation restraint order that relates to
intervention order legislation made by
the Magistrates' Court under section 19
of this Act; or
(ii) in the case of an order made by the
Children's Court, an extended litigation
restraint order that relates to
intervention order legislation made by
the Children's Court under section 19 of
this Act; and
(b) the terms of the extended litigation restraint
order are the terms of the order made under
section 165 of the Personal Safety
Intervention Orders Act 2010, as in force
immediately before its repeal, unless those
terms are otherwise varied or revoked under
this Act.
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100 Regulations dealing with transitional matters
(1) The Governor in Council may make regulations
containing provisions of a transitional nature,
including matters of an application or savings
nature, arising as a result of the enactment of this
Act, including the repeals and amendments made
by this Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on or
from the date that this Act receives the Royal
Assent; and
(b) be of limited or general application; and
(c) differ according to differences in time, place
or circumstances; and
(d) leave any matter or thing to be decided by a
specified person or specified class of
persons; and
(e) provide for the exemption of persons or
proceedings or a class of persons or
proceedings from any of the regulations
made under this section.
(3) Regulations made under this section have effect
despite anything to the contrary--
(a) in any Act (other than this Act or the
Charter of Human Rights and
Responsibilities Act 2006); or
(b) in any subordinate instrument.
(4) This section is repealed on the second
anniversary of the day on which it comes into
operation.
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101 Power to resolve transitional difficulties in
proceeding
(1) If any difficulty arises because of the operation of
this Act in relation to a proceeding to which this
Part applies, a Court or VCAT may make any
order it considers appropriate to resolve the
difficulty.
(2) An order made under subsection (1)--
(a) may be made on application of a party to the
proceeding or on the Court's or VCAT's own
motion, as the case requires; and
(b) has effect despite any provision to the
contrary made by or under any Act
(other than the Charter of Human Rights
and Responsibilities Act 2006).
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s. 102
PART 13--CONSEQUENTIAL AMENDMENTS
Division 1--Amendment of Supreme Court Act 1986
102 Vexatious litigants
Section 21 of the Supreme Court Act 1986 is
repealed.
103 Power to make Rules
After section 25(1)(af) of the Supreme Court Act
1986 insert--
"(ag) any matter or thing required or permitted by
or under the Vexatious Proceedings Act
2014 to be dealt with by rules of court or
otherwise necessary or required for the
purposes of that Act;".
Division 2--Amendment of County Court Act 1958
104 Power to make rules of practice
After section 78(1)(da) of the County Court Act
1958 insert--
"(db) any matter or thing required or permitted by
or under the Vexatious Proceedings Act
2014 to be dealt with by rules of court or
otherwise necessary or required for the
purposes of that Act;".
Division 3--Amendment of Magistrates' Court Act 1989
105 Jurisdiction of Family Violence Court Division
After section 4I(1)(a) of the Magistrates' Court
Act 1989 insert--
"(ab) proceedings under the Vexatious
Proceedings Act 2014 in relation to
intervention order legislation within the
meaning of that Act;".
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106 Jurisdiction of Neighbourhood Justice Division
In section 4O(3) of the Magistrates' Court Act
1989--
(a) in paragraph (e) for "2008." substitute
"2008; and";
(b) after paragraph (e) insert--
"(f) the jurisdiction of the Court given by
the Vexatious Proceedings Act 2014
in relation to intervention order
legislation within the meaning of that
Act.".
107 Rules of Court
After section 16(1)(ca) of the Magistrates' Court
Act 1989 insert--
"(cb) any matter or thing required or permitted by
or under the Vexatious Proceedings Act
2014 to be dealt with by rules of court or
otherwise necessary or required for the
purposes of that Act;".
Division 4--Amendment of Victorian Civil and
Administrative Tribunal Act 1998
108 Subject matter for rules
At the end of Schedule 2 to the Victorian Civil
and Administrative Tribunal Act 1998 insert--
"Procedure under the Vexatious Proceedings
Act 2014.".
Division 5--Amendment of Children, Youth and Families
Act 2005
109 Jurisdiction of Family Division
In section 515(2) of the Children, Youth and
Families Act 2005, after "Personal Safety
Intervention Orders Act 2010" insert "or by the
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Vexatious Proceedings Act 2014 in relation to
intervention order legislation within the meaning
of that Act".
110 Jurisdiction of Neighbourhood Justice Division
In section 520C(4) of the Children, Youth and
Families Act 2005--
(a) in paragraph (d) for "2010." substitute
"2010; and";
(b) after paragraph (d) insert--
"(e) the jurisdiction of the Court given by
the Vexatious Proceedings Act 2014
in relation to intervention order
legislation within the meaning of that
Act.".
111 Restriction on publication of proceedings
After section 534(5) of the Children, Youth and
Families Act 2005 insert--
"(6) Subsection (1) does not apply to the
publication under section 85 of the
Vexatious Proceedings Act 2014 by the
Attorney-General of a copy of an order that
relates to intervention order legislation
within the meaning of that Act.".
112 Rules
After section 588(1AB) of the Children, Youth
and Families Act 2005 insert--
"(1AC) The President together with 2 or more
magistrates for the Court may jointly make
Rules for or with respect to any matter or
thing required or permitted by or under the
Vexatious Proceedings Act 2014 to be dealt
with by rules of court or otherwise necessary
or required for the purposes of that Act.".
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113 Practice notes
(1) After section 592(1) of the Children, Youth and
Families Act 2005 insert--
"(1A) The President may from time to time issue
practice directions, statements or notes for
the Court in relation to proceedings in the
Court under the Vexatious Proceedings Act
2014.".
(2) In section 592(2) of the Children, Youth and
Families Act 2005, after "subsection (1)" insert
"or (1A)".
Division 6--Amendment of Family Violence Protection Act
2008
114 Definitions
In section 4 of the Family Violence Protection
Act 2008 insert the following definitions--
"acting in concert order means an order made
under section 36 of the Vexatious
Proceedings Act 2014;
extended litigation restraint order means an order
made under section 19 of the Vexatious
Proceedings Act 2014;
litigation restraint order proceeding means a
proceeding under the Vexatious
Proceedings Act 2014 in relation to any of
the following orders, if the order relates to an
application or a proceeding under this Act--
(a) an extended litigation restraint order;
(b) an acting in concert order;
(c) an appeal restriction order within the
meaning of that Act;
(d) an order varying or revoking an
extended litigation restraint order;
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(e) a variation or revocation application
prevention order within the meaning of
that Act;".
115 Evidence given by children
In section 67(1) of the Family Violence
Protection Act 2008, after "under this Act" insert
"or a litigation restraint order proceeding".
116 Court may close proceeding to public
In section 68(1) of the Family Violence
Protection Act 2008, after "under this Act" insert
"or a litigation restraint order proceeding".
117 Alternative arrangements for proceeding
In section 69(1) of the Family Violence
Protection Act 2008, after "family violence
intervention order" insert "or a litigation restraint
order proceeding".
118 Special rules for cross-examination of protected
witnesses
In section 70(1) of the Family Violence
Protection Act 2008, after "under this Act" insert
"or a litigation restraint order proceeding".
119 Who may appeal
In section 114(2) of the Family Violence
Protection Act 2008--
(a) in paragraph (b), for "section; and"
substitute "section.";
(b) paragraphs (c) and (d) are repealed.
120 Rehearing of certain proceeding
(1) In section 122(1) of the Family Violence
Protection Act 2008, for "A relevant person"
substitute "The respondent for a final order".
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(2) In section 122(3) of the Family Violence
Protection Act 2008 omit "or order declaring a
person to be a vexatious litigant".
(3) Section 122(5) of the Family Violence
Protection Act 2008 is repealed.
121 Restriction on presence of children
In section 150(1) of the Family Violence
Protection Act 2008, after "under this Act" insert
"or during a litigation restraint order proceeding".
122 Costs
For section 154(2) of the Family Violence
Protection Act 2008 substitute--
"(2) In a litigation restraint order proceeding--
(a) if a person is made subject to an
extended litigation restraint order or an
acting in concert order, that person
must bear the costs of the proceeding,
other than the Attorney-General's costs
if the Attorney-General is a party to the
proceeding; and
(b) if a person is not made subject to an
extended litigation restraint order or an
acting in concert order, each party must
bear the party's own costs.".
123 Restriction on publication of proceeding in
Magistrates' Court
In section 166(1) of the Family Violence
Protection Act 2008--
(a) in paragraph (b), for "Court." substitute
"Court; or";
(b) after paragraph (b) insert--
"(c) a litigation restraint order proceeding in
the Magistrates' Court; or
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(d) an order made by the Magistrates' Court
under the Vexatious Proceedings Act
2014 that relates to an application or a
proceeding under this Act.".
124 Exception to restriction on publication
For section 167(b) of the Family Violence
Protection Act 2008 substitute--
"(b) the publication under section 85 of the
Vexatious Proceedings Act 2014 by the
Attorney-General of a copy of an order that
relates to an application or a proceeding
under this Act.".
125 Repeal of Part 11
Part 11 of the Family Violence Protection Act
2008 is repealed.
Division 7--Amendment of Personal Safety Intervention
Orders Act 2010
126 Definitions
In section 4 of the Personal Safety Intervention
Orders Act 2010 insert the following
definitions--
"acting in concert order means an order made
under section 36 of the Vexatious
Proceedings Act 2014;
extended litigation restraint order means an order
made under section 19 of the Vexatious
Proceedings Act 2014;
litigation restraint order proceeding means a
proceeding under the Vexatious
Proceedings Act 2014 in relation to any of
the following orders, if the order relates to an
application or a proceeding under this Act--
(a) an extended litigation restraint order;
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(b) an acting in concert order;
(c) an appeal restriction order within the
meaning of that Act;
(d) an order varying or revoking an
extended litigation restraint order;
(e) a variation or revocation application
prevention order within the meaning of
that Act;".
127 Evidence given by children
In section 49(1) of the Personal Safety
Intervention Orders Act 2010, after "under this
Act" insert "or a litigation restraint order
proceeding".
128 Court may close proceeding to public
In section 51(1) of the Personal Safety
Intervention Orders Act 2010, after "under this
Act" insert "or a litigation restraint order
proceeding".
129 Alternative arrangements for proceeding
In section 52(1) of the Personal Safety
Intervention Orders Act 2010, after "personal
safety intervention order" insert "or a litigation
restraint order proceeding".
130 Who may appeal
For section 91(2) of the Personal Safety
Intervention Orders Act 2010 substitute--
"(2) Despite subsection (1), an appeal against an
order referred to in section 95 may be made
only with the consent of the relevant person
under that section.".
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131 Rehearing of certain proceeding
(1) In section 99(1) of the Personal Safety
Intervention Orders Act 2010, for "A relevant
person" substitute "The respondent for a final
order".
(2) In section 99(3) of the Personal Safety
Intervention Orders Act 2010 omit "or order
declaring a person to be a vexatious litigant".
(3) Section 99(5) of the Personal Safety
Intervention Orders Act 2010 is repealed.
132 Restriction on presence of children
In section 107(1) of the Personal Safety
Intervention Orders Act 2010, after "under this
Act" insert "or during a litigation restraint order
proceeding".
133 Costs
For section 111(2) of the Personal Safety
Intervention Orders Act 2010 substitute--
"(2) In a litigation restraint order proceeding--
(a) if a person is made subject to an
extended litigation restraint order or an
acting in concert order, that person
must bear the costs of the proceeding,
other than the Attorney-General's costs
if the Attorney-General is a party to the
proceeding; and
(b) if a person is not made subject to an
extended litigation restraint order or an
acting in concert order, each party must
bear the party's own costs.".
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s. 134
134 Restriction on publication of proceeding in
Magistrates' Court
In section 123(1) of the Personal Safety
Intervention Orders Act 2010--
(a) in paragraph (b), for "Court." substitute
"Court;";
(b) after paragraph (b) insert--
"(c) a litigation restraint order proceeding in
the Magistrates' Court; or
(d) an order made by the Magistrates' Court
under the Vexatious Proceedings Act
2014 that relates to an application or a
proceeding under this Act.".
135 Exception to restriction on publication
In section 124 of the Personal Safety
Intervention Orders Act 2010, for paragraph (b)
substitute--
"(b) the publication under section 85 of the
Vexatious Proceedings Act 2014 by the
Attorney-General of a copy of an order that
relates to an application or a proceeding
under this Act.".
136 Repeal of Part 10
Part 10 of the Personal Safety Intervention
Orders Act 2010 is repealed.
137 Repeal of Part
This Part is repealed on 31 October 2015.
Note
The repeal of this Part does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to reform
and consolidate the law relating to vexatious proceedings in courts and
tribunals, to make consequential amendments to various Acts and for
other purposes."
By Authority. Government Printer for the State of Victoria.
95
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