Vexatious Proceedings Act 2005

Before the Court grants an application made under section 11 for leave to institute a proceeding, it must—

order that the applicant serve each relevant person with a copy of the application and affidavit and a notice that the person is entitled to appear and be heard on the application; and

give the applicant and each relevant person, on appearance, an opportunity to be heard at the hearing of the application.

At the hearing of the application, the Court may receive as evidence any record of evidence given, or affidavit filed, in any proceeding in any Australian court or tribunal in which the applicant is, or at any time was, involved either as a party or as a person acting in concert with a party.

The Court may grant leave to institute a particular proceeding or a proceeding of a particular type (the proceeding), subject to the conditions the Court considers appropriate.

However, the Court may grant leave only if it is satisfied that the proceeding is not a vexatious proceeding.

In this section—

the person against whom the applicant proposes to institute the proceeding;

the Attorney-General;

the Crown solicitor;

the registrar of the Court if the registrar applied for a vexatious proceedings order in relation to the applicant;

any person mentioned in section 5(1)(d) or (e)—

who, with the leave of the Court, applied for a vexatious proceedings order in relation to the applicant; and

who the Court considers should be served;

any person—

who made an application in relation to the applicant under the Vexatious Litigants Act 1981, section 3(2) or 5(2) before the commencement of this section; and

who the Court considers should be served.