Victorian Current Acts

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VEXATIOUS PROCEEDINGS ACT 2014 - SECT 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.



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