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VEXATIOUS PROCEEDINGS ACT 2014 - SECT 16 Application for extended litigation restraint order

VEXATIOUS PROCEEDINGS ACT 2014 - SECT 16

Application for extended litigation restraint order

    (1)     Subject to subsection (2), any of the following persons may apply to a Court or VCAT for an extended litigation restraint order against a person—

        (a)     the Attorney-General;

        (b)     if the person has commenced or conducted a vexatious proceeding against another person, that other person;

        (c)     a person with a sufficient interest in the matter.

    (2)     A person referred to in subsection (1)(b) or (c) must not apply for an extended litigation restraint order—

        (a)     without leave of the Court of the jurisdiction in which the order is sought; or

        (b)     if the order is sought in respect of proceedings in VCAT, without leave of VCAT.

    (3)     A Court or VCAT may grant leave to apply for an extended litigation restraint order if the Court or VCAT is satisfied that—

        (a)     there is merit in the application; and

        (b)     the making of the application would not be an abuse of process.