Application by Bar-Mordecai re Vexatious Proceedings Act 2008

The application before the court was made by Bar-Mordecai seeking leave to institute proceedings. The application was opposed by the Attorney-General of Victoria, who argued that the proceedings were vexatious. The matter was determined in the Supreme Court of Victoria. The central issue for the court was whether the Vexatious Proceedings Act 2008 precluded the applicant from instituting proceedings without leave of the court. The Act provides that a vexatious proceedings order prohibits a person from instituting specified proceedings unless they obtain leave from the court. The applicant contended that the proceedings he proposed to bring were not the same as those specified in the order, and thus, the order did not apply.

The court considered the language of the order and the applicant's proposed proceedings to determine whether they were the same or different. The court held that the order was clear and unambiguous, and the applicant's proposed proceedings fell within the scope of the order. The court found that the applicant had not demonstrated that the proceedings he proposed to bring were substantially different from those specified in the order. Consequently, the court held that the vexatious proceedings order precluded the applicant from instituting the proposed proceedings without leave of the court. The court refused the application for leave to institute proceedings.