VEXATIOUS PROCEEDINGS ACT 2014
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Meaning of acting in concert
- 5 Meaning of interlocutory application
- 6 Application of Act
- 7 Act prevails to extent of inconsistency
- 8 Act does not limit certain other jurisdictions
- 9 Constitution of VCAT
PART 2--LIMITED LITIGATION RESTRAINT ORDERS
- 10 Applying for limited litigation restraint order
- 11 Court or VCAT may make limited litigation restraint order
- 12 Content of limited litigation restraint order
- 13 Effect of limited litigation restraint order
- 14 Limited litigation restraint order does not affect certain applications or proceedings
- 15 Duration of limited litigation restraint order
PART 3--EXTENDED LITIGATION RESTRAINT ORDERS
- 16 Application for extended litigation restraint order
- 17 Court or VCAT may make extended litigation restraint order
- 18 Application for extended litigation restraint order—intervention order legislation
- 19 Magistrates' Court or Children's Court may make extended litigation restraint order—intervention order legislation
- 20 Content of extended litigation restraint order made by Supreme Court
- 21 Content of extended litigation restraint order made by County Court
- 22 Content of extended litigation restraint order made by Magistrates' Court
- 23 Content of extended litigation restraint order made by Children's Court
- 24 Content of extended litigation restraint order made by VCAT
- 25 Effect of extended litigation restraint order on proceeding
- 26 Extended litigation restraint order does not affect certain proceedings
- 27 Duration of extended litigation restraint order
PART 4--GENERAL LITIGATION RESTRAINT ORDERS
- 28 Application for general litigation restraint order
- 29 Supreme Court may make general litigation restraint order
- 30 General litigation restraint order
- 31 Supreme Court may make extended litigation restraint order instead of general litigation restraint order
- 32 Effect of general litigation restraint order on proceeding
- 33 Duration of general litigation restraint order
PART 5--ACTING IN CONCERT ORDERS
- 34 Application for acting in concert order
- 35 Court or VCAT may make acting in concert order
- 36 Magistrates' Court or Children's Court may make acting in concert order—intervention order legislation
PART 6--APPEAL RESTRICTION ORDERS
- 37 Supreme Court may make an appeal restriction order
- 38 Court or VCAT may make appeal restriction order
- 39 Magistrates' Court or Children's Court may make appeal restriction order—intervention order legislation
- 40 Effect of appeal restriction order
- 41 Appeal restriction order does not affect other applications or proceedings
- 42 Duration of appeal restriction order
PART 7--GENERAL MATTERS RELATING TO ORDERS
Division 1--Applications for orders
- 43 Attorney-General may request documents from Victorian court or tribunal
- 44 Notice of application for order—intervention order legislation
Division 2--Making of orders
- 45 Certain persons must be given opportunity to be heard
- 46 Statement of reasons for order—intervention order legislation
Division 3--Copies of orders
- 47 Copy of order to be given to Attorney-General
- 48 Copy of order to be given to other Victorian courts and tribunals
- 49 Copy of order—intervention order legislation
PART 8--APPLICATIONS FOR LEAVE TO PROCEED
Division 1--Application for leave to proceed under limited litigation restraint order
Division 2--Application for leave to proceed under extended litigation restraint order
- 52 Application for leave to commence or continue proceeding
- 53 Court or VCAT may grant leave to commence or continue proceeding
Division 3--Application for leave to proceed under general litigation restraint order
- 54 Application for leave to commence or continue proceeding
- 55 Victorian court or tribunal may grant leave to commence or continue proceeding
Division 4--General matters relating to applications for leave to proceed
- 56 Person must disclose certain matters
- 57 Refusal to accept application for leave to proceed
- 58 Victorian court or tribunal may dismiss application for leave to proceed
- 59 No notice of application to be given without direction or order
- 60 Direction as to giving notice of application
- 61 Direction as to giving notice of application—intervention order legislation
- 62 Victorian court or tribunal may give persons opportunity to be heard
- 63 Determining application for leave to proceed
- 64 Leave may be subject to conditions
PART 9--VARIATION OR REVOCATION OF LITIGATION RESTRAINT ORDER
Division 1--Court or VCAT may vary or revoke order
- 65 Application for variation or revocation of litigation restraint order
- 66 No notice of application to be given without direction or order
- 67 Direction as to notice of application
- 68 Direction as to notice of application—intervention order legislation
- 69 Court or VCAT may vary or revoke litigation restraint order
- 70 Court or VCAT may give persons opportunity to be heard
- 71 Determining application for variation or revocation
- 72 Notice of order to be given to Attorney-General
- 73 Notice of order to be given to Victorian courts and tribunals
Division 2--Variation or revocation application prevention orders
- 74 Court or VCAT may make variation or revocation application prevention order
- 75 Effect of variation or revocation application prevention order
- 76 Order does not affect other applications or proceedings
- 77 Duration of order
PART 10--APPEALS
- 78 Application of this Part
- 79 Appeal of decisions to which this Part applies
- 80 No notice of application to be given without direction or order
- 81 Direction as to giving notice of application
- 82 Direction as to giving notice of application—intervention order legislation
- 83 Court may give persons opportunity to be heard
- 84 Determining application for leave to appeal
PART 11--MISCELLANEOUS PROVISIONS
- 85 Attorney-General to publish copy of order
- 86 Publication of names—intervention order legislation
- 87 Annual reports
- 88 Rules of Court
- 89 Regulations
PART 12--TRANSITIONAL PROVISIONS
