(1) A Court or VCAT may determine an application to vary or revoke a litigation restraint order on the basis of written submissions, without the appearance of—
(a) the person who made the application; or
(b) any person given notice of the application in accordance with section 67 or 68.
(2) Despite subsection (1), a Court or VCAT may determine an application referred to in subsection (1) by conducting an oral hearing if the Court or VCAT considers—
(a) there are exceptional circumstances; and
(b) it is appropriate to do so, having regard to the interests of justice.
(3) An oral hearing may be held under subsection (2) regardless of—
(a) whether written submissions have been made to the Court or VCAT; and
(b) if submissions have been made, whether those submissions establish the matters required for the variation or revocation of the litigation restraint order or the dismissal of the application.