Western Australian Current Acts Western Australian Current Acts (1) An application for
leave to institute proceedings, or proceedings of a particular class (in this
section called the proceedings ), that is required by an order under
section 4(1)(d) is to be made —
(a) in
the case of proceedings in the Supreme Court, to the Supreme Court or a judge;
or
(b) in
the case of proceedings in the District Court, to the District Court or a
District Court judge; or
(c) in
the case of proceedings before any other court, to the court; or
[(d) deleted]
(e) in
the case of proceedings before a tribunal, to the tribunal,
and is to be
accompanied by an affidavit in support of the application.
(2) The court or
tribunal to which the application for leave is made may dismiss the
application even if the applicant does not appear at a hearing of the
application.
(3) The affidavit
accompanying the application for leave is to list all the occasions on which
the applicant has made an application for leave under subsection (1) and to
disclose all facts material to the application, whether supporting or adverse
to the application, that are known to the applicant.
(4) Neither the
application nor the affidavit are to be served on any other person unless the
court or tribunal orders under subsection (6) that they are to be served on
another person.
(5) The court or
tribunal is to dismiss the application for leave if it considers that —
(a) the
affidavit does not disclose everything required by subsection (3) to be
disclosed; or
(b) the
proceedings are vexatious proceedings; or
(c)
there is no prima facie ground for the proceedings.
(6) Before the court
or tribunal grants an application for leave it is to —
(a)
order that a copy of the application and accompanying affidavit be served on
—
(i)
the person against whom the proceedings are to be
instituted; and
(ii)
any person who made an application under section 4(2)(c)
in relation to the applicant; and
(iii)
the Attorney General;
and
(b) give
those persons an opportunity to oppose the application for leave.
(7) Leave is not to be
granted unless the court or tribunal is satisfied that —
(a) the
proceedings are not vexatious proceedings; and
(b)
there is a prima facie ground for the proceedings.
(8) The applicant and
the persons referred to in subsection (6)(a) are to be given an opportunity to
be heard at the hearing of the application for leave.
(9) At the hearing of
the application for leave, the court or tribunal may receive as evidence any
record of evidence given or affidavit filed in connection with an application
for leave mentioned in subsection (3).
(10) The court or
tribunal may dispose of the application for leave by —
(a)
dismissing the application; or
(b)
granting leave to institute the proceedings, subject to such conditions as the
court or tribunal thinks fit.
[Section 6 amended: No. 59 of 2004 s. 141.]