Victorian Current Acts

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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

        (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.

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