Applications made in proceedings that have been finally determined, which in substance seek to relitigate what has already been decided, constitute the 'institution of legal proceedings' for the purposes of s 21(2) of the Supreme Court Act 1986 (Vic). A proceeding discretely alleging criminal contempt is a criminal proceeding excluded from s 21(2), but an application for leave to commence such a proceeding is not. Proceedings in non-State jurisdictions cannot alone enliven the s 21(2) jurisdiction but may be relevant to characterise State proceedings as vexatious and to the exercise of discretion.
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