Victorian Consolidated Regulations Victorian Consolidated Regulations(1) If any person to whom an application is addressed fails to attend, the Court may hear the application if satisfied that the application was duly served.
(2) If on an application the applicant fails to
attend, the Court may dismiss the application or make such other order as it
thinks fit.
Form 1—Application for rehearing
APPLICATION FOR REHEARING
In the Children's Court at: [ specify venue ] Case No:
Applicant: [ full name of applicant for rehearing ]
Applicant's address:
Respondent: [ full name of respondent to this application ]
Respondent's address:
Protected person or person protected by the order:
Address:
Details of the application you would like reheard
I (the applicant) am the respondent to an application for a final personal safety intervention order.
The application was made at [ specify court location ] on [ date ].
The application came to my attention on [ date ].
Have you previously applied for a rehearing of this application? Yes*/No*
Note: If you failed to attend at the time fixed for the hearing of the application and the application was struck out, you will require leave of the Court to make another application.
Reasons for applying for rehearing
My reason for seeking a rehearing of the application is:
≤ I was not personally served with the application; or
≤ the application was not brought to my attention by an order for substituted service; or
≤ there are exceptional circumstances and a rehearing is fair and just.
These circumstances are: [ briefly state the reasons why you did not attend the hearing of the application ]
Affidavit
I [ full name ] of [ address ] *make oath/*affirm and say:
[ Insert statement to be sworn or affirmed in numbered paragraphs ]
The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.
*SWORN/*AFFIRMED at: [ place ]
ON: [ date ]
[ signature of person making the affidavit ]
BEFORE ME:
[s ignature of authorised affidavit taker ]
[ insert name, statement of the capacity in which the authorised affidavit taker has the authority to take the affidavit, and personal or professional address in legible writing, typing or stamp ]
A person authorised under Part 3 of the Oaths and Affirmations Act 2018 to take an affidavit.
*Delete if inapplicable.
Form 1A—Explanation of interim personal safety intervention order
INFORMATION SHEET—INTERIM PERSONAL SAFETY INTERVENTION ORDER
An Interim Personal Safety Intervention Order has been made against " the respondent ".
The person this Order protects is called " the protected person ".
1. The Court has made this Interim Order to stop harmful behaviour and protect people. The law gives the Court the power to make this Order.
2. This Interim Order says the respondent must not behave in certain ways, be around certain people or go to certain places.
3. If this Interim Order is broken, it is a crime and the respondent may be arrested and charged. The respondent could go to prison or receive another kind of penalty.
4. Only the Court can change ("vary") or cancel ("revoke") the Order.
The respondent must not pressure the protected person to change or cancel the Order.
It is a breach of the Interim Order to do so.
5. This Interim Order is made against the respondent, so the respondent must obey it. Even if someone asks the respondent to do something that breaks the rules in the Interim Order, the respondent must still obey the Order.
6. The respondent must not use someone else, including family, to do things on their behalf that the Interim Order says they cannot do.
7. If you have orders from another court, this Interim Order may affect them. Speak to a lawyer about what the Interim Order says.
8. If the respondent has firearms or weapons, they may not be allowed to keep them. Check to see what the Interim Order says.
9. This Interim Order will say how long it lasts and when you may need to return to court. Check to see what it says. The Interim Order is in place until a court can decide whether to make a Final Order.
10. Any Intervention Order is recognised throughout Australia.
Read the Interim Order more than once and get advice about anything you don't understand.
Police cannot give you legal advice.
For more information:
Victoria Legal Aid www.legalaid.vic.gov.au or 1300 792 387
Victorian Aboriginal Legal Service www.vals.org.au or 1800 064 865
Djirra www.djirra.org.au or 1800 105 303
Men's Referral Service www.ntv.org.au or 1300 766 491
FV support and information www.safesteps.org.au or 1800 015 188
Personal safety intervention orders cover a wide range of behaviours . Below are some examples.
|
Behaviour |
Some examples |
|---|---|
|
Assault |
• Hitting, punching, pushing, pulling, kicking, choking |
|
Sexual violence |
• Pressuring someone into sexual acts; rape • Pressuring someone to watch or join in pornography |
|
Harassment |
• Derogatory taunts, including racial taunts or taunts about someone's sexual orientation or gender identity • Sexual harassment • Repeatedly telephoning someone's workplace and making insulting remarks about that person to the person who answers the telephone • Encouraging somebody to taunt another person • Intimidating, bullying, frightening |
|
Property damage or interference |
• Breaking or damaging someone's property or belongings, including jointly owned property or belongings • Withholding someone's food or medication • Preventing someone from accessing their wheelchair |
|
Serious Threat |
• Threatening to harm or kill someone • Threatening to kill or injure someone's pet |
|
Stalking |
• Repeatedly contacting someone in a way that makes them feel scared, distressed or fear for their safety • Loitering near another person's house, work or place they often go • Tracing someone's use of the internet or of email • Keeping someone under surveillance |
Form 1B—Explanation of final personal safety intervention order
INFORMATION SHEET—FINAL PERSONAL SAFETY INTERVENTION ORDER
A Final Personal Safety Intervention Order has been made against " the respondent ".
The person this Final Order protects is called " the protected person ".
1. The Court has made this Final Order to stop harmful behaviour and protect people. The law gives the Court the power to make this Order.
2. This Final Order says the respondent must not behave in certain ways, be around certain people or go to certain places.
3. If this Final Order is broken, it is a crime and the respondent may be arrested and charged. The respondent could go to prison or receive another kind of penalty.
4. Only the Court can change ("vary") or cancel ("revoke") the Order.
The respondent must not pressure the protected person to change or cancel the Order.
It is a breach of the Final Order to do so.
5. This Final Order is made against the respondent, so the respondent must obey it. Even if someone asks the respondent to do something that breaks the rules in the Final Order, the respondent must still obey the Order.
6. The respondent must not use someone else, including family, to do things on their behalf that the Final Order says they cannot do.
7. If you have orders from another court, this Final Order may affect them. Speak to a lawyer about what the Final Order says.
8. If the respondent has firearms or weapons, they may not be allowed to keep them. Check to see what the Final Order says.
9. This Final Order will say how long it lasts. Check to see what it says.
10. Any Final Order is recognised throughout Australia.
Read the Final Order more than once and get advice about anything you don't understand.
Police cannot give you legal advice.
For more information:
Victoria Legal Aid www.legalaid.vic.gov.au or 1300 792 387
Victorian Aboriginal Legal Service www.vals.org.au or 1800 064 865
Djirra www.djirra.org.au or 1800 105 303
Men's Referral Service www.ntv.org.au or 1300 766 491
FV support and information www.safesteps.org.au or 1800 015 188
Personal safety intervention orders cover a wide range of behaviours . Below are some examples.
|
Behaviour |
Some examples |
|---|---|
|
Assault |
• Hitting, punching, pushing, pulling, kicking, choking |
|
Sexual violence |
• Pressuring someone into sexual acts; rape • Pressuring someone to watch or join in pornography |
|
Harassment |
• Derogatory taunts, including racial taunts or taunts about someone's sexual orientation or gender identity • Sexual harassment • Repeatedly telephoning someone's workplace and making insulting remarks about that person to the person who answers the telephone • Encouraging somebody to taunt another person • Intimidating, bullying, frightening |
|
Property damage or interference |
• Breaking or damaging someone's property or belongings, including jointly owned property or belongings • Withholding someone's food or medication • Preventing someone from accessing their wheelchair |
|
Serious Threat |
• Threatening to harm or kill someone • Threatening to kill or injure someone's pet |
| | |
| | |
|
Stalking |
• Repeatedly contacting someone in a way that makes them feel scared, distressed or fear for their safety • Loitering near another person's house, work or place they often go • Tracing someone's use of the internet or of email • Keeping someone under surveillance |
Form 2—Notice of Appeal
NOTICE OF APPEAL
In the Children's Court at: [ specify venue ] Appeal No: Case No:
Appellant's name:
Appellant's address for service:
Name and address of Appellant's solicitor:
Respondent's name:
Respondent's address:
TO
The Registrar of the Children's Court at:
The *Registrar of the County Court/*Prothonotary [ if the appeal is to the Trial Division of the Supreme Court ] at:
The abovenamed respondent
Details of the proceeding appealed
Venue of the Children's Court from which proceeding is appealed:
Date order made:
Nature of proceeding:
[ please attach copy of order to this Form ]
Grounds of appeal
[ briefly state the grounds for the appeal ]
The Appellant requests the *Registrar of the County Court/*Prothonotary to list the appeal
Details of the appeal:
The appeal is to be heard by the *County Court/*Supreme Court sitting at:
Date of appeal: Time of appeal:
Notice of appeal filed at: Date:
Signature of Appellant: Signature of *Registrar/*Prothonotary:
Dated:
*Delete if inapplicable.
Form 3—Application for leave to apply for extended litigation restraint order
*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020 ]/*[ heading in accordance with Rule 27.02 of those Rules ]
APPLICATION FOR LEAVE TO APPLY FOR EXTENDED LITIGATION RESTRAINT ORDER
(Section 18(1) of the Vexatious Proceedings Act 2014 )
I, [ name ], apply under section 18(1) of the Vexatious Proceedings Act 2014 for leave to apply for an extended litigation restraint order.
In accordance with section 18(3) of that Act, I contend that there is merit in the application and that the making of the application would not be an abuse of process on the basis of the following grounds: [ set out the grounds in numbered paragraphs ].
ORDERS SOUGHT
The applicant seeks—
1. leave to apply for an extended litigation restraint order;
2. [ set out any other orders sought ].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [ insert date ].
This application was filed—
*(a) by the applicant in person.
*(b) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ].
*(c) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ] as agent for [ name or firm of principal Australian legal practitioner ], Australian legal practitioner, of [ business address of principal ].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*Delete if inapplicable.
Form 4—Application for extended litigation restraint order
*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020 ]/*[ heading in accordance with Rule 27.02 of those Rules ]
APPLICATION FOR EXTENDED LITIGATION RESTRAINT ORDER
(Section 18(1) of the Vexatious Proceedings Act 2014 )
I, [ name ], apply for an extended litigation restraint order under section 18(1) of the Vexatious Proceedings Act 2014 .
Leave was granted to me to apply by order of [ insert name of Court ] on [ insert date ]. Attached to this application is a copy of that order.
I contend that the order should be made on the following grounds: [ set out the grounds in numbered paragraphs ].
ORDERS SOUGHT
The applicant seeks—
1. an extended litigation restraint order;
2. [ set out any other orders sought ].
SUMMONS
To: [ identify each party or other person to whom the application is addressed and state address of each person not a party ].
You are summoned to attend before the Court on the hearing of the application for the orders sought.
The application will be heard in the Children's Court of Victoria at [ insert venue ] on [ insert date ] at [ insert time ] *a.m./*p.m. or so soon afterwards as the business of the Court allows.
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [ insert date ].
This application was filed—
*(a) by the applicant in person.
*(b) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ].
*(c) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ] as agent for [ name or firm of principal Australian legal practitioner ], Australian legal practitioner, of [ business address of principal ].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*Delete if inapplicable.
Form 5—Application for acting in concert order
*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020 ]/*[ heading in accordance with Rule 27.02 of those Rules ]
APPLICATION FOR ACTING IN CONCERT ORDER
(Section 34 of the Vexatious Proceedings Act 2014 )
I, [ name ], am a person referred to in section *34(a)/*34(b) of the Vexatious Proceedings Act 2014 and apply under that section for an acting in concert order.
I contend that the order should be made on the following grounds: [ set out the grounds in numbered paragraphs ].
ORDERS SOUGHT
The applicant seeks—
1. an acting in concert order;
2. [ set out any other orders sought ].
SUMMONS
To: [ identify each party or other person to whom the application is addressed and state address of each person not a party ].
You are summoned to attend before the Court on the hearing of the application for the orders sought.
The application will be heard in the Children's Court of Victoria at [ insert venue ] on [ insert date ] at [ insert time ] *a.m./*p.m. or so soon afterwards as the business of the Court allows.
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [ insert date ].
This application was filed—
*(a) by the applicant in person.
*(b) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ].
*(c) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ] as agent for [ name or firm of principal Australian legal practitioner ], Australian legal practitioner, of [ business address of principal ].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*Delete if inapplicable.
Form 6—Application for leave to continue proceeding by person subject to extended litigation restraint order
*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020 ]/*[ heading in accordance with Rule 27.02 of those Rules ]
APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
(Section 52(2) of the Vexatious Proceedings Act 2014 )
I, [ name ], a person subject to an extended litigation restraint order that relates to intervention order legislation [ identify the relevant order ], apply under section 52(2) of the Vexatious Proceedings Act 2014 for leave to continue a proceeding to which the order relates.
In accordance with section 53 of that Act, I contend that the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [ set out the grounds in numbered paragraphs ].
ORDERS SOUGHT
The applicant seeks—
1. leave to continue this proceeding;
2. [ set out any other orders sought ].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(a) details of each application for leave to proceed made by the applicant;
(b) details of each application for leave to commence or continue a proceeding made by the applicant 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 applicant—
(i) that is a vexatious application or a vexatious proceeding (as defined in the Vexatious Proceedings Act 2014 ); or
(ii) 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, which are known to the applicant.
FILED [ insert date ].
This application was filed—
*(a) by the applicant in person.
*(b) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ].
*(c) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ] as agent for [ name or firm of principal Australian legal practitioner ], Australian legal practitioner, of [ business address of principal ].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*Delete if inapplicable.
Form 7—Application for leave to commence proceeding by person subject to extended litigation restraint order
IN THE CHILDREN'S COURT
OF VICTORIA
20 No.
AT
IN THE MATTER of an application under section 52(2) of the Vexatious Proceedings Act 2014 .
APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
I, [ name ], a person subject to an extended litigation restraint order that relates to intervention order legislation [ identify the relevant order ], apply under section 52(2) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding to which the order relates.
In accordance with section 53 of that Act, I contend that the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [ set out the grounds in numbered paragraphs ].
ORDERS SOUGHT
The applicant seeks—
1. leave to commence a proceeding, namely, [ set out full details of proceeding for which leave is sought, including the names and addresses of all proposed parties ];
2. [ set out any other orders sought ].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(a) details of each application for leave to proceed made by the applicant;
(b) details of each application for leave to commence or continue a proceeding made by the applicant 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 applicant—
(i) that is a vexatious application or a vexatious proceeding (as defined in the Vexatious Proceedings Act 2014 ); or
(ii) 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, which are known to the applicant.
FILED [ insert date ].
This application was filed—
*(a) by the applicant in person.
*(b) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ].
*(c) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ] as agent for [ name or firm of principal Australian legal practitioner ], Australian legal practitioner, of [ business address of principal ].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*Delete if inapplicable.
Form 8—Application for leave to continue proceeding by person subject to general litigation restraint order
*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020 ]/*[ heading in accordance with Rule 27.02 of those Rules ]
APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER
(Section 54 of the Vexatious Proceedings Act 2014 )
I, [ name ], a person subject to a general litigation restraint order [ identify the relevant order ], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding, namely [ identify relevant proceeding ].
In accordance with section 55 of that Act, I contend that *this proceeding/
*a
proceeding is not a vexatious proceeding and that there are reasonable grounds
for the proceeding, namely that: [ set out the grounds in numbered paragraphs
].
ORDERS SOUGHT
The applicant seeks—
1. leave to continue *this proceeding/*a proceeding, namely [ identify the proceeding ];
2. [ set out any other orders sought ].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(a) details of each application for leave to proceed made by the applicant;
(b) details of each application for leave to commence or continue a proceeding made by the applicant 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 applicant—
(i) that is a vexatious application or a vexatious proceeding (as defined in the Vexatious Proceedings Act 2014 ); or
(ii) 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, which are known to the applicant.
FILED [ insert date ].
This application was filed—
*(a) by the applicant in person.
*(b) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ].
*(c) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ] as agent for [ name or firm of principal Australian legal practitioner ], Australian legal practitioner, of [ business address of principal ].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*Delete if inapplicable.
Form 9—Application for leave to commence proceeding by person subject to general litigation restraint order
IN THE CHILDREN'S COURT
OF VICTORIA
20 No.
AT
IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014 .
APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER
I, [ name ], a person subject to a general litigation restraint order [ identify the relevant order ], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to commence a proceeding.
In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [ set out the grounds in numbered paragraphs ].
ORDERS SOUGHT
The applicant seeks—
1. leave to commence a proceeding, namely [ set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties ];
2. [ set out any other orders sought ].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(a) details of each application for leave to proceed made by the applicant;
(b) details of each application for leave to commence or continue a proceeding made by the applicant 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 applicant—
(i) that is a vexatious application or a vexatious proceeding (as defined in the Vexatious Proceedings Act 2014 ); or
(ii) 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, which are known to the applicant.
FILED [ insert date ].
This application was filed—
*(a) by the applicant in person.
*(b) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ].
*(c) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ] as agent for [ name or firm of principal Australian legal practitioner ], Australian legal practitioner, of [ business address of principal ].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*Delete if inapplicable.
Form 10—Notice of application for leave to proceed
[ heading as in form used in application ]
NOTICE OF APPLICATION FOR LEAVE TO PROCEED
(Section 61 of the Vexatious Proceedings Act 2014 )
TO:
(a) the Attorney-General;
(b) [ name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately ].
TAKE NOTICE that [ name ] of [ address ], a person subject to a general litigation order or an extended litigation restraint order that relates to intervention order legislation [ identify the relevant order ], has made an application to the Court for leave to proceed as follows: [ describe the relief sought in the application ].
Under section *60/*61(2) of the Vexatious Proceedings Act 2014 , the Court has directed that notice of the application for leave to proceed be given to you.
This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.
You are entitled to make submissions in relation to the application.
Date:
Any questions ?
If you have any questions, please contact the registrar at the
Children's Court of Victoria [ venue ], Tel: [ insert telephone number ],
Hours: 9:00 a.m. to 4:30 p.m. each working day.
*Delete if inapplicable.
Form 11—Application for leave to apply to vary or revoke extended litigation restraint order
*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020 ]/*[ heading in accordance with Rule 27.02 of those Rules ]
APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER
(Section 65(2) of the Vexatious Proceedings Act 2014 )
I, [ name ], a person subject to an extended litigation restraint order that relates to intervention order legislation [ identify the relevant order ] apply for leave to apply to *vary/*revoke that order under section 65(2) of the Vexatious Proceedings Act 2014 .
I contend that leave to apply should be given to *vary the order/*revoke the order on the following grounds: [ set out the grounds in numbered paragraphs ].
ORDERS SOUGHT
The applicant seeks leave to apply for—
*1. variation of the order in the following manner: [ specify variation of order sought ];
*1. the revocation of the order;
2. [ set out any other orders sought ].
FILED [ insert date ].
This application was filed—
*(a) by the applicant in person.
*(b) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ].
*(c) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ] as agent for [ name or firm of principal Australian legal practitioner ], Australian legal practitioner, of [ business address of principal ].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*Delete if inapplicable.
Form 12—Application to vary or revoke extended litigation restraint order
*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020 ]/*[ heading in accordance with Rule 27.02 of those Rules ]
APPLICATION TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER
(Section 65(2) of the Vexatious Proceedings Act 2014 )
I, [ name ], a person subject to an extended litigation restraint order that relates to intervention order legislation [ identify the relevant order ] apply to *vary/*revoke that order under section 65(2) of the Vexatious Proceedings Act 2014 .
Leave was granted to me to apply to *vary/*revoke that order by order of [ insert name of Court ] on [ insert date ]. Attached to this application is a copy of that order.
I contend that the order should be *varied in the manner set out below/
*revoked on the following grounds: [ set out the grounds in numbered
paragraphs ].
ORDERS SOUGHT
The applicant seeks—
*1. variation of the order in the following manner: [ specify variation of order sought ];
*1. revocation of the order;
2. [ set out any other orders sought ].
FILED [ insert date ].
This application was filed—
*(a) by the applicant in person.
*(b) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ].
*(c) for the applicant by [ name or firm of Australian legal practitioner ], Australian legal practitioner, of [ business address of Australian legal practitioner ] as agent for [ name or firm of principal Australian legal practitioner ], Australian legal practitioner, of [ business address of principal ].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*Delete if inapplicable.
Form 13—Notice of application to vary or revoke extended litigation restraint order
[ heading as used in application for leave to vary or revoke litigation restraint order ]
NOTICE OF APPLICATION TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER
(Section 68 of the Vexatious Proceedings Act 2014 )
TO:
(a) the Attorney-General;
(b) [ name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately ].
TAKE NOTICE that [ name ] of [ address ], a person subject to an extended litigation restraint order, has made an application to the Court to *vary the extended litigation restraint order in the following manner: [ describe variation sought ]/*revoke the extended litigation restraint order .
Under section 68(2) of the Vexatious Proceedings Act 2014 , the Court has directed that notice of the application for *variation/*revocation be given to you.
This notice is accompanied by a copy of the application for
*variation/
*revocation and by a copy of every order made or direction given
by the Court in the application for *variation/*revocation and in the
preceding leave application.
You are entitled to make submissions in relation to the application for *variation/*revocation.
Date:
Any questions ?
If you have any questions, please contact the registrar at the
Children's Court of Victoria [ venue ], Tel: [ insert telephone number ],
Hours: 9:00 a.m. to 4:30 p.m. each working day.
*Delete if inapplicable.
Dated: 31 August 2021
JACK VANDERSTEEN
President, Children's Court of Victoria
JENNIFER BOWLES,
Magistrate, Children's Court of Victoria
SHIVA PILLAI,
Magistrate, Children's Court of Victoria
═════════════