Judiciary Act 1903

This section applies to a person (the applicant) who is:

subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in the High Court; or

acting in concert with another person who is subject to an order mentioned in paragraph (a).

The applicant may apply to the High Court for leave to institute a proceeding that is subject to the order.

The applicant must file an affidavit with the application that:

lists all the occasions on which the applicant has applied for leave under this section; and

lists all other proceedings the applicant has instituted in any Australian court or tribunal, including proceedings instituted before the commencement of this section; and

discloses all relevant facts about the application, whether supporting or adverse to the application, that are known to the applicant.

The applicant must not serve a copy of the application or affidavit on a person unless an order is made under paragraph 77RS(1)(a). If the order is made, the applicant must serve the copy in accordance with the order.