PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 (NO. 53 OF 2010) - SECT 167 Appeal against order declaring person to be vexatious litigant

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 (NO. 53 OF 2010) - SECT 167

    (1)     A person who is declared to be a vexatious litigant by an order made under this Part may appeal against the order to—

        (a)     the County Court, with the leave of that Court; or

        (b)     if the court that made the relevant decision was the Children's Court constituted by the President of the Court, the Trial Division of the Supreme Court with the leave of that Court.

    (2)     The appropriate registrar for the Court must serve notice of the application for leave on—

        (a)     the person protected by the order; and

        (b)     if the Attorney-General made the application under section 161(1)(a) for the order declaring the person to be a vexatious litigant, the Attorney-General.

    (3)     The Court must allow the person protected by the order to be heard on the application if that person wishes.

    (4)     The Court may grant leave under subsection (1) if the Court is satisfied there is evidence that—

        (a)     the appeal has merit; and

        (b)     is not an abuse of process.

    (5)     If leave is granted under this section, the appropriate registrar for the Court must serve notice of the hearing date for the appeal on—

        (a)     the vexatious litigant; and

        (b)     the person protected by the order; and

        (c)     if the Attorney-General made the application under section 161(1)(a) for the order declaring the person to be a vexatious litigant, the Attorney-General.