FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 37AR Application for leave to institute proceedings

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 37AR

  (1)   This section applies to a person (the applicant ) who is:

  (a)   subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in the Court; or

  (b)   acting in concert with another person who is subject to an order mentioned in paragraph   (a).

  (2)   The applicant may apply to the Court for leave to institute a proceeding that is subject to the order.

  (3)   The applicant must file an affidavit with the application that:

  (a)   lists all the occasions on which the applicant has applied for leave under this section; and

  (b)   lists all other proceedings the applicant has instituted in any Australian court or tribunal, including proceedings instituted before the commencement of this section; and

  (c)   discloses all relevant facts about the application, whether supporting or adverse to the application, that are known to the applicant.

  (4)   The applicant must not serve a copy of the application or affidavit on a person unless an order is made under paragraph   37AT(1)(a). If the order is made, the applicant must serve the copy in accordance with the order.