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VEXATIOUS PROCEEDINGS ACT 2014 - SECT 81 Direction as to giving notice of application

VEXATIOUS PROCEEDINGS ACT 2014 - SECT 81

Direction as to giving notice of application

    (1)     This section applies if the Supreme Court considers that an application for leave to appeal a decision to which this Part applies, other than an application to appeal a decision that relates to intervention order legislation, should proceed.

    (2)     The Supreme Court must direct the applicant for leave to appeal to give notice of the application to the following persons—

        (a)     in the case of an application for leave to appeal a decision to refuse leave to apply for a litigation restraint order, the person who is the subject of the proposed order;

        (b)     in the case of an application for leave to appeal a decision to make a litigation restraint order or an acting in concert order—

              (i)     the Attorney-General; and

              (ii)     the person (if any) who applied for the order; and

              (iii)     the person (if any) who is protected by the order;

        (c)     in the case of an application for leave to appeal a decision to refuse to make a litigation restraint order or an acting in concert order, the person who is the subject of the proposed order;

        (d)     in the case of an application for leave to appeal the variation or revocation of a litigation restraint order, the person who is or was the subject of the litigation restraint order;

        (e)     in the case of an application for leave to appeal a decision to refuse to vary or revoke a litigation restraint order—

              (i)     the Attorney-General; and

              (ii)     the person (if any) who applied for the litigation restraint order; and

              (iii)     the person (if any) who is protected by the litigation restraint order;

        (f)     in the case of an application for leave to appeal a decision to refuse an application for leave to proceed—

              (i)     the Attorney-General; and

              (ii)     the person (if any) who made the application for the litigation restraint order to which the application for leave to proceed relates; and

              (iii)     the persons who are named in the proposed interlocutory application or proceeding.

    (3)     The Supreme Court may make any other order in relation to the notification of persons that it considers appropriate in the circumstances.

    (4)     Notice given by an applicant in accordance with this section must—

        (a)     include a copy of the application for leave to appeal; and

        (b)     state that the person given notice is entitled to be heard in relation to the application for leave to appeal.