VEXATIOUS PROCEEDINGS ACT 2008 - SECT 14
Application for leave to institute proceedings
VEXATIOUS PROCEEDINGS ACT 2008 - SECT 14
Application for leave to institute proceedings
(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 (b) acting in concert
with another person who is subject to an order referred to in paragraph (a).
(2) The applicant may apply to an appropriate authorised court for leave to
institute proceedings that the order would otherwise prohibit the person from
instituting. (3) The applicant must file an affidavit with the application
that: (a) lists all occasions on which the applicant has applied for leave:
(i) under this section, or (ii) before the commencement of this section--as
required by an order under section 70 of the Land and Environment Court Act
1979 or section 84 of the Supreme Court Act 1970 , and (b) lists all other
proceedings the applicant has instituted in Australia, including proceedings
instituted before the commencement of this section, and (c) discloses all
facts material to 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 any person unless: (a) an
order is made under section 16 (1) (a), and (b) the copy is served in
accordance with the order . (4A) An authorised court may decline to consider
an application made under this section if the court is not satisfied that the
application is materially different from an earlier application under this
section that was dismissed under section 15 (1) (b) or (c). (5) An
appropriate authorised court may dispose of the application by: (a) dismissing
the application under section 15 , or (b) granting the application under
section 16. (6) Despite any other Act or law, the applicant may not appeal
from a decision disposing of the application.
http://www.austlii.edu.au/au/legis/nsw/consol_act/vpa2008252/s14.html