Victorian Current Acts

VEXATIOUS PROCEEDINGS ACT 2014 - SECT 74

    (1)     Subject to subsection (2), a Court or VCAT may make a variation or revocation application prevention order in respect of a person who is subject to a litigation restraint order if satisfied that—

        (a)     the person has frequently made applications for leave to vary or revoke a litigation restraint order; and

        (b)     the applications are vexatious applications.

    (2)     The Magistrates' Court or the Children's Court may make a variation or revocation application prevention order in respect of a person who is subject to an extended litigation restraint order that relates to intervention order legislation if satisfied that—

        (a)     the person has frequently made applications for leave to vary or revoke the extended litigation restraint order; and

        (b)     the applications are vexatious applications.

    (3)     A variation or revocation application prevention order referred to in subsection (1) or (2) may only be made by the Court that made the litigation restraint order or by VCAT (as the case requires).

    (4)     A variation or revocation application prevention order made under subsection (1) or (2) may direct that a person must not do either or both of the following for the period specified by the Court or by VCAT—

        (a)     continue an application for leave to vary or revoke a litigation restraint order;

        (b)     apply for leave to vary or revoke a litigation restraint order.