Ezekiel-Hart v Council for the Law Society of the ACT

[2024] ACTCA 2

ACT Court of Appeal3 April 2024

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Interrogate

Catchwords

1. Practice and Procedure
2. › Vexatious litigants
3. › Declaration under s 67A Supreme Court Act 1933 (ACT)
4. › Appeal from interlocutory order
5. › Requirement for leave to appeal
6. › Whether notice of appeal incompetent where leave not sought
7. › Supreme Court Act 1933 (ACT), ss 37E(4), 67A
1. Practice and Procedure
2. › Vexatious litigants
3. › Application for revocation or variation of declaration
4. › Whether notice of appeal may be amended and treated as application under s 67A(11)
5. › Distinction between appeal and application for revocation
6. › Supreme Court Act 1933 (ACT), s 67A(11)
1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Interlocutory orders
5. › Requirement for leave
6. › Striking out incompetent appeal
7. › Court Procedures Rules 2006 (ACT), r 5472(1)

Quick Take

A notice of appeal filed without the required leave to appeal from an interlocutory vexatious litigant declaration is incompetent and will be struck out; it cannot be amended or repurposed as an application under s 67A(11) of the Supreme Court Act 1933 (ACT) for revocation or variation of the declaration. An appeal by way of rehearing and an application under s 67A(11) are functionally distinct proceedings.