An order declaring a person a vexatious litigant under s.21(2) of the Supreme Court Act 1986 (Vic) is an interlocutory order, so leave to appeal is required under s.17A(4)(b). However, the vexatious litigant need not obtain leave from a judge under the s.21(3) restraining order before pursuing an appeal against the s.21(2) declaration itself, as s.21(3) does not empower a judge to make the declaration appeal-proof. The right of appeal under s.17(2) is not excluded by s.21(5).
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
10 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.