Victorian Current Acts

VEXATIOUS PROCEEDINGS ACT 2014 - SECT 36

    (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);

        (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.

Part 6—Appeal restriction orders