Under s 67A of the Supreme Court Act 1933 (ACT), a person declared a vexatious litigant has no right of appeal from that declaration; the filing of a notice of appeal is the institution of 'proceedings' within s 67A, and leave under s 67A(5)(a) must be obtained before filing an application for leave to appeal. This differs from the position in Victoria, Queensland and NSW where courts have held that appeals from vexatious litigant declarations are not caught by the relevant vexatious litigant provisions. The standard for obtaining leave to appeal from a vexatious litigant declaration in the ACT is the same as for any other interlocutory order, though the fact that the declaration fetters important civil rights is a relevant consideration.
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