An application under s 21(5) of the Supreme Court Act 1986 (Vic) to revoke a vexatious litigant declaration will not be allowed unless there has been such a change in relevant circumstances since the making of the order that there is no real risk of the applicant engaging further in the conduct which attracted the order. A proposed proceeding that is foredoomed to fail on jurisdictional grounds cannot satisfy the s 21(4) requirement that the proceeding will not be an abuse of process. Repeated applications to revoke a vexatious litigant order, based on the same complaints and without any change in circumstances, may themselves constitute an abuse of process.
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