Victorian Current Acts

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VEXATIOUS PROCEEDINGS ACT 2014 - SECT 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.

    (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.



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