A vexatious proceedings order prohibiting the institution of proceedings does not extend to routine interlocutory applications (such as discovery) in proceedings already commenced with leave. The Vexatious Proceedings Act 2008 (NSW) does not prohibit a vexatious litigant from adducing evidence beyond the s 14(3) affidavit at a hearing, but does prohibit service of any material prior to a s 16(1)(a) order. Case management powers under the Civil Procedure Act and UCPR govern the conduct of leave application hearings. The question whether a hearing is required before dismissal at the ex parte stage under s 15 was left open.
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