Northern Territory Consolidated Acts

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VEXATIOUS PROCEEDINGS ACT - SECT 13

Granting application for leave

    (1)     Before the Court grants the application, it must:

        (a)     order that the applicant serve each of the relevant persons with a copy of the application and affidavit and a notice that the person is entitled to be heard on the application; and

        (b)     give the applicant and each of the relevant persons an opportunity to be heard at the hearing of the application.

    (2)     At the hearing of the application, the Court may receive as evidence any record of evidence given, or affidavit filed, in any proceedings in which the applicant is, or at any time was, involved either as a party or as a person acting in concert with a party.

    (3)     The Court may grant leave only if it is satisfied the proceedings are not vexatious proceedings.

    (4)     The Court may grant leave subject to the conditions the Court considers appropriate.

    (5)     In this section:

"relevant person" means:

        (a)     the person against whom the applicant proposes to institute the proceedings; or

        (b)     the Attorney-General; or

        (c)     the Solicitor-General; or

        (d)     any person mentioned in section 7(6)(d) or (e) who:

            (i)     made an application with the leave of the court under section 8 in relation to the applicant; and

            (ii)     the Court considers should be served.



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