Application by Michael Bar-Mordecai

The matter involves an application by Michael Bar-Mordecai seeking leave to appeal a variation of an apprehended violence order from the Local Court to the District Court. The application was made under the Vexatious Proceedings Act 2008, with the respondent, the Commissioner of Police, opposing the application on the grounds that it was vexatiotious and an abuse of process. The dispute centred on whether the proceedings constituted vexatious proceedings within the meaning of the Act, and if so, whether the appeal was statute barred, thereby making the application an abuse of process.

The legal issues before the court were the interpretation and application of the Vexatious Proceedings Act 2008 and the procedural requirements of the Crimes (Appeal and Review) Act 2001. Specifically, the court needed to determine if the appeal was vexatiotious, whether it was statute barred, and if the application for leave to appeal was an abuse of process. The court also had to consider the respondent's argument that the applicant had an alternative remedy under the Crimes (Domestic and Personal Violence) Act 2007.

The court found that the application was vexatiotious as it was repetitive, without any reasonable prospect of success, and was intended to harass or oppress the respondent. The court emphasised that the applicant had an available and effective remedy under the Crimes (Domestic and Personal Violence) Act 2007, which would have allowed him to challenge the order within the specified timeframe. The court concluded that the application was statute barred and therefore an abuse of process. Consequently, the court dismissed the application for leave to appeal and made no orders for costs.