VEXATIOUS PROCEEDINGS ACT 2014 - SECT 96 Family Violence Protection Act 2008—applications not determined before repeal of Part 11
VEXATIOUS PROCEEDINGS ACT 2014 - SECT 96
Family Violence Protection Act 2008—applications not determined before repeal of Part 11(1) Despite the repeal of Part 11 of the Family Violence Protection Act 2008 , that Part, as in force immediately before its repeal, continues to apply to the hearing and determination of an application under section 189, 194, 195 or 197 of that Act if, immediately before that repeal—
(a) a Court has begun to hear and determine the application; and
(b) the application has not been finally determined.
(2) If an order declaring a person to be a vexatious litigant is made in accordance with subsection (1) by the Magistrates' Court or the Children's Court under section 193 of the Family Violence Protection Act 2008 as in force immediately before its repeal, on the making of the order—
(a) that order is taken to be—
(i) in the case of an order made by the Magistrates' Court, an extended litigation restraint order that relates to intervention order legislation made by the Magistrates' Court under section 19 of this Act; or
(ii) in the case of an order made by the Children's Court, an extended litigation restraint order that relates to intervention order legislation made by the Children's Court under section 19 of this Act; and
(b) the terms of the extended litigation restraint order are the terms of the order made under section 193 of the Family Violence Protection Act 2008 as in force immediately before its repeal, unless those terms are otherwise varied or revoked under this Act.
(3) If an application for leave to make an application under the Family Violence Protection Act 2008 , made by a person who is declared to be a vexatious litigant under Part 11 of that Act or Part 10 of the Personal Safety Intervention Orders Act 2010 , is decided in accordance with subsection (1) by the Magistrates' Court or the Children's Court under section 194 of the Family Violence Protection Act 2008 as in force immediately before its repeal, on the deciding of that application—
(a) the applicant is taken to have been granted or refused leave under section 53 of this Act to commence or continue a proceeding (as the case requires); and
(b) the order declaring the person to be a vexatious litigant is taken to be—
(i) in the case of an order made by the Magistrates' Court, an extended litigation restraint order that relates to intervention order legislation made by the Magistrates' Court under section 19 of this Act; or
(ii) in the case of an order made by the Children's Court, an extended litigation restraint order that relates to intervention order legislation made by the Children's Court under section 19 of this Act; and
(c) the terms of the extended litigation restraint order are the terms of the order made under section 193 of the Family Violence Protection Act 2008 as in force immediately before its repeal, unless those terms are otherwise varied or revoked under this Act.
(4) If an order varying an order declaring a person to be a vexatious litigant is made in accordance with subsection (1) by the Magistrates' Court or the Children's Court under section 197 of the Family Violence Protection Act 2008 as in force immediately before its repeal, on and from the date of the variation order, the order declaring a person to be a vexatious litigant is taken to be—
(a) in the case of an order made by the Magistrates' Court, an extended litigation restraint order that relates to intervention order legislation made by the Magistrates' Court under section 19 of this Act, the terms of which are varied in accordance with the variation order; or
(b) in the case of an order made by the Children's Court, an extended litigation restraint order that relates to intervention order legislation made by the Children's Court under section 19 of this Act, the terms of which are varied in accordance with the variation order.
(5) If the Supreme Court or the County Court, on an appeal under section 195 of the Family Violence Protection Act 2008 being dealt with in accordance with subsection (1), determines that an order declaring a person to be a vexatious litigant is to remain in force, on and from the date of that determination—
(a) the order declaring a person to be a vexatious litigant is taken to be—
(i) in the case of an order made by the Magistrates' Court, an extended litigation restraint order that relates to intervention order legislation made by the Magistrates' Court under section 19 of this Act; or
(ii) in the case of an order made by the Children's Court, an extended litigation restraint order that relates to intervention order legislation made by the Children's Court under section 19 of this Act; and
(b) the terms of the extended litigation restraint order are the terms of the order made under section 193 of the Family Violence Protection Act 2008 as in force immediately before its repeal, unless those terms are otherwise varied or revoked under this Act.