Under s 21(4) of the Supreme Court Act 1986 (Vic), the onus is on the vexatious litigant to persuade the Court that the proposed proceeding will not be an abuse of process. Commencing a proceeding that is hopeless or foredoomed to fail is a form of abuse of process. Where a litigant's arguments presuppose the invalidity of all constitutional frameworks, including the court's own existence, the claims are not justiciable and leave will be refused.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.