Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 83.05

Application by Prothonotary for litigation order—own motion of Court

    (1)     Where the Court is considering the exercise of an own motion power under the Vexatious Proceedings Act, the Court, by order, may direct the Prothonotary to apply by originating motion accompanied by a supporting affidavit for one or more of the following orders in respect of a party to a proceeding

        (a)     a limited litigation restraint order under section 11(4)(a) of that Act;

        (b)     an extended litigation restraint order under section 17(4)(a) of that Act;

        (c)     a general litigation restraint order under section 29(4)(a) of that Act;

        (d)     an acting in concert order under section 35(2)(a) of that Act;

        (e)     an appeal restriction order under section 37 of that Act.

    (2)     The originating motion and a copy of the affidavit shall be served personally on the respondent, unless the Court otherwise orders.

    (3)     The originating motion shall specify the type of litigation order to which this Part applies in respect of which the Court is exercising its own motion power.

Rule 83.06 substituted by S.R. No. 14/2024 rule 4.



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