Application by Michael Bar-Mordecai for Leave to Commence Proceedings

In the case of Michael Bar-Mordecai v The Hon Justices of the Supreme Court of Victoria and Others, the applicant sought leave to commence proceedings against seven judges of the Supreme Court of Victoria, two of whom had passed away. The case was heard in the Supreme Court of Victoria, which was required to determine whether the proposed litigation was vexatious under the Vexatious Proceedings Act 2008 (Vic). The applicant's intention was to sue the judges personally for their roles in past litigation against him, without establishing any valid grounds for such claims.

The court needed to decide whether the proposed proceedings were vexatious, which is defined in the Act as proceedings that are an abuse or misuse of the court's process or are otherwise an abuse of the legal system. The court considered the applicant's history of litigious conduct, his previous unsuccessful attempts to sue the judges, and the lack of any new evidence or grounds presented in the current application. The court was required to weigh the applicant's right to access to the courts against the need to protect the judicial system from abuse.

The court found that the proposed proceedings were indeed vexatious, as they were an abuse of the court's process and were an attempt to circumvent the limitations on suing judges for their judicial acts. The court emphasised the applicant's history of pursuing meritless claims and his disregard for the court's previous decisions. The court concluded that the application was an abuse of the legal system and granted the respondents' application for an order preventing the applicant from commencing the proposed proceedings without the court's leave. The court also made orders for costs against the applicant.