Federal Court Rules 2011

If the Court has given a direction under paragraph 2.27(f) that an originating application or notice of appeal not be accepted without the Court’s leave, any application for leave must be:

made in accordance with Form 139; and

made without notice to any other person; and

accompanied by an affidavit that:

explains concisely why leave should be granted for proceedings to be instituted; and

lists all current proceedings in the Court to which the applicant is a party; and

lists any applications that the applicant has had refused by a Registrar or Judge in the past 12 months; and

lists any applications made by the applicant in the past 12 months for which a Judge has given a direction that the application not be accepted without the Court’s leave.

Any application for leave to institute proceedings made under subrule (1) will be determined without an oral hearing, unless the Court orders otherwise.

For each direction given by a Judge that an originating application or notice of appeal not be accepted for filing without the Court’s leave:

only one application for leave to institute proceedings may be made; and

the application for leave to institute proceedings must relate only to that direction and not to any other direction given by the Court.