County Court Civil Procedure Rules 2018

Rule 83.04

IN THE COUNTY COURT 20 No.

OF VICTORIA

AT

IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014.

Application for leave to commence proceeding by person subject to general litigation restraint order

I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to commence a proceeding.

In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1. leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];

2. [set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

FILED [insert date].

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c) for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable