A court considering an application for leave to institute proceedings under the Vexatious Proceedings Act 2005 (Qld) must comply with the mandatory requirements of s 13(1) by ordering service on relevant persons and affording them an opportunity to be heard before granting leave. An affidavit that merely exhibits incomplete lists of prior proceedings without deposing to the matters required by s 11(3)(a)-(c) does not substantially comply with the statutory requirements. Section 11(6) does not preclude an appeal by a person adversely affected by an order granting leave to a vexatious litigant.
The full text is available to signed-in members, including the 1 later case that cites this judgment.