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VEXATIOUS PROCEEDINGS ACT 2014 - SECT 39 Magistrates' Court or Children's Court may make appeal restriction order—intervention order legislation

VEXATIOUS PROCEEDINGS ACT 2014 - SECT 39

Magistrates' Court or Children's Court may make appeal restriction order—intervention order legislation

    (1)     The Magistrates' Court or the Children's Court may make an appeal restriction order against a person who is subject to an extended litigation restraint order that relates to intervention order legislation if satisfied that—

        (a)     the person has frequently made applications for leave to proceed that are vexatious applications; and

        (b)     it is in the interests of justice that the order be made.

    (2)     An appeal restriction order made against a person referred to in subsection (1) by the Magistrates' Court or the Children's Court may direct that, for the period specified in the order, the person has no right to appeal a decision of the relevant court to refuse leave to commence or continue a proceeding in that court.

    (3)     An appeal restriction order may be made under subsection (1)—

        (a)     despite anything to the contrary in Part 10; and

        (b)     despite the terms of the extended litigation restraint order.