Victorian Current Acts

VEXATIOUS PROCEEDINGS ACT 2014 - SECT 10

    (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.