Magistrates' Court (Vexatious Proceedings Amendments) Rules 2014 (Vic)
Magistrates' Court (Vexatious Proceedings Amendments) Rules 2014
S.R. No. 203/2014
TABLE OF PROVISIONS
Rule Page
PART 1—PRELIMINARY
1Object
2Authorising provisions
3Commencement
PART 2—AMENDMENT OF MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2010
4New Order 12 inserted
ORDER 12—PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014
PART 1—INTERPRETATION
12.01Definitions
PART 2—APPLICATIONS AND NOTICES
12.02Applications for leave to apply for limited and
extended litigation restraint orders12.03Applications for limited and extended litigation
restraint orders12.04Applications for acting in concert orders
12.05Application for leave to proceed under limited
litigation restraint order12.06Application for leave to proceed under extended litigation restraint order
12.07Application for leave to proceed under general
litigation restraint order12.08Notice of applications for leave to proceed—litigation restraint orders
12.09Application for leave to apply for variation or
revocation of litigation restraint order12.10Application to vary or revoke litigation restraint order
12.11Notice of application to vary or revoke litigation
restraint order
PART 3—PROVISIONS APPLYING TO APPLICATIONS
12.12Application of Part
12.13Service of applications
12.14Day for hearing
12.15Adjournment
12.16Absence of party to application
5New Forms 12A to 12L inserted
Form 12A—Application for Leave to Apply for Limited Litigation Restraint Order or Extended Litigation Restraint Order
Form 12B—Application for Limited Litigation Restraint
Order or Extended Litigation Restraint OrderForm 12C—Application for Acting In Concert Order
Form 12D—Application for Leave to Make or Continue Interlocutory Application in Proceeding by
Person Subject to Limited Litigation Restraint
OrderForm 12E—Application for Leave to Continue Proceeding by Person Subject to Extended Litigation Restraint Order
Form 12F—Application for Leave to Commence Proceeding
by Person Subject to Extended Litigation
Restraint OrderForm 12G—Application for Leave to Continue Proceeding
by Person Subject to General Litigation Restraint OrderForm 12H—Application for Leave to Commence Proceeding
by Person Subject to General Litigation Restraint OrderForm 12I—Notice of Application for Leave to Proceed
Form 12J—Application for Leave to Apply to Vary or
Revoke Litigation Restraint OrderForm 12K—Application to Vary or Revoke Litigation
Restraint OrderForm 12L—Notice of Application to Vary or Revoke
Litigation Restraint Order
PART 3—AMENDMENT OF MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009
6New Rule 10A inserted
10AProcedure under the Vexatious Proceedings Act 2014
PART 4—AMENDMENT OF MAGISTRATES' COURT
(FAMILY VIOLENCE PROTECTION) RULES 2008
7New Order 16 inserted
ORDER 16—PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014
16.01Definitions
16.02Applications for leave to apply for extended
litigation restraint orders that relate to intervention
order legislation16.03Applications for extended litigation restraint orders
that relate to intervention order legislation16.04Applications for acting in concert orders—
intervention order legislation16.05Application for leave to proceed under extended litigation restraint order that relates to intervention
order legislation16.06Application for leave to proceed under general
litigation restraint order16.07Notice of applications
16.08Application for leave to apply for variation or
revocation of extended litigation restraint order that relates to intervention order legislation16.09Application to vary or revoke extended litigation restraint order that relates to intervention order legislation
16.10Notice of application to vary or revoke litigation
restraint order
8Revocation
9New Forms 4 to 14 inserted
Form 4—Application for Leave to Apply for Extended
Litigation Restraint OrderForm 5—Application for Extended Litigation Restraint Order
Form 6—Application for Acting In Concert Order
Form 7—Application for Leave to Continue Proceeding
by Person Subject to Extended Litigation Restraint
OrderForm 8—Application for Leave to Commence Proceeding
by Person Subject to Extended Litigation Restraint OrderForm 9—Application for Leave to Continue Proceeding by Person Subject to General Litigation Restraint Order
Form 10—Application for Leave to Commence Proceeding
by Person Subject to General Litigation Restraint OrderForm 11—Notice of Application for Leave to Proceed
Form 12—Application for Leave to Apply to Vary or
Revoke Extended Litigation Restraint OrderForm 13—Application to Vary or Revoke Extended Litigation Restraint Order
Form 14—Notice of Application to Vary or Revoke Extended Litigation Restraint Order
PART 5—AMENDMENT OF MAGISTRATES' COURT (PERSONAL SAFETY INTERVENTION ORDERS)
RULES 2011
10New Order 16 inserted
ORDER 16—PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014
16.01Definitions
16.02Applications for leave to apply for extended litigation restraint orders that relate to intervention order legislation
16.03Applications for extended litigation restraint orders
that relate to intervention order legislation16.04Applications for acting in concert orders—
intervention order legislation16.05Application for leave to proceed under extended litigation restraint order in relation to intervention
order legislation16.06Application for leave to proceed under general
litigation restraint order16.07Notice of applications
16.08Application for leave to apply for variation or
revocation of extended litigation restraint order in relation to intervention order legislation16.09Application to vary or revoke extended litigation restraint order that relates to intervention order legislation
16.10Notice of application to vary or revoke litigation
restraint order
11Revocation
12New Forms 4 to 14 inserted
Form 4—Application for Leave to Apply for Extended
Litigation Restraint OrderForm 5—Application for Extended Litigation Restraint Order
Form 6—Application for Acting In Concert Order
Form 7—Application for Leave to Continue Proceeding
by Person Subject to Extended Litigation Restraint OrderForm 8—Application for Leave to Commence Proceeding
by Person Subject to Extended Litigation Restraint OrderForm 9—Application for Leave to Continue Proceeding
by Person Subject to General Litigation Restraint
OrderForm 10—Application for Leave to Commence Proceeding
by Person Subject to General Litigation Restraint OrderForm 11—Notice of Application for Leave to Proceed
Form 12—Application for Leave to Apply to Vary or Revoke Extended Litigation Restraint Order
Form 13—Application to Vary or Revoke Extended Litigation Restraint Order
Form 14—Notice of Application to Vary or Revoke Extended Litigation Restraint Order
═══════════════
ENDNOTES
STATUTORY RULES 2014
S.R. No. 203/2014
Magistrates' Court Act 1989
Magistrates' Court (Vexatious Proceedings Amendments) Rules 2014
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
PART 1—PRELIMINARY
1Object
The object of these Rules is to amend—
(a)the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 and the Magistrates' Court Criminal Procedure Rules 2009 for matters in relation to proceedings under the Vexatious Proceedings Act 2014; and
(b)the Magistrates' Court (Family Violence Protection) Rules 2008 and the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011 as a consequence of the enactment of that Act.
2Authorising provisions
These Rules are made under section 16 of the Magistrates' Court Act 1989, section 88 of the Vexatious Proceedings Act 2014, section 209 of the Family Violence Protection Act 2008, section 183 of the Personal Safety Intervention Orders Act 2010 and all other enabling powers.
3Commencement
These Rules come into operation on 31 October 2014.
__________________
PART 2—AMENDMENT OF MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2010
4New Order 12 inserted
After Order 11 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010[1] insert—
"ORDER 12
PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014
PART 1—INTERPRETATION
12.01Definitions
An expression used in the Vexatious Proceedings Act 2014 has the same meaning in this Order as it has in that Act.
PART 2—APPLICATIONS AND NOTICES
12.02Applications for leave to apply for limited and extended litigation restraint orders
(1)An application under section 10(1) of the Vexatious Proceedings Act 2014 by a person referred to in section 10(1)(b) or (c) of that Act for leave to apply for a limited litigation restraint order must be in Form 12A.
(2)An application under section 16(1) of the Vexatious Proceedings Act 2014 by a person referred to in section 16(1)(b) or (c) of that Act for leave to apply for an extended litigation restraint order must be in Form 12A.
(3)An application referred to in this rule—
(a)must be supported by an affidavit; and
(b)must be made without notice to any person unless the Court orders otherwise.
12.03Applications for limited and extended litigation restraint orders
(1)An application under section 10(1) or 16(1) of the Vexatious Proceedings Act 2014 for a limited litigation restraint order or an extended litigation restraint order (as the case requires) must be in Form 12B.
(2)An application referred to in this rule must be supported by an affidavit.
(3)In addition, a copy of the order granting leave to apply for the limited litigation restraint order or the extended litigation restraint order (as the case requires) must be attached to the application.
12.04Applications for acting in concert orders
(1)An application under section 34 of the Vexatious Proceedings Act 2014 for an acting in concert order must be in Form 12C.
(2)An application referred to in this rule must be supported by an affidavit.
12.05Application for leave to proceed under limited litigation restraint order
An application under section 50 of the Vexatious Proceedings Act 2014 by a person subject to a limited litigation restraint order for leave to make or continue an interlocutory application in the proceeding to which the limited litigation restraint order relates must be in Form 12D.
12.06Application for leave to proceed under extended litigation restraint order
An application under section 52(1) of the Vexatious Proceedings Act 2014 by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding must be—
(a)in Form 12E, in the case of an application to continue a proceeding; and
(b)in Form 12F, in the case of an application to commence a proceeding.
12.07Application for leave to proceed under general litigation restraint order
An application under section 54 of the Vexatious Proceedings Act 2014 by a person subject to a general litigation restraint order for leave to commence or continue a proceeding must be—
(a)in Form 12G, in the case of an application to continue a proceeding; and
(b)in Form 12H, in the case of an application to commence a proceeding.
12.08Notice of applications for leave to proceed—litigation restraint orders
(1)Notice required to be given by a direction of the Court under section 60(2) of the Vexatious Proceedings Act 2014 must be in Form 12I.
(2)The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates.
Note
Further requirements are stated in section 60(4) of the Vexatious Proceedings Act 2014.
12.09Application for leave to apply for variation or revocation of litigation restraint order
An application under section 65(1) of the Vexatious Proceedings Act 2014 by a person subject to a litigation restraint order for leave to apply to vary or revoke the order must be in Form 12J.
12.10Application to vary or revoke litigation restraint order
(1)An application under section 65(1) of the Vexatious Proceedings Act 2014 by a person subject to a litigation restraint order to vary or revoke the order must be in Form 12K.
(2)In addition, a copy of the order granting leave to apply to vary or revoke the limited litigation restraint order must be attached to the application.
12.11Notice of application to vary or revoke litigation restraint order
(1)Notice required to be given by a direction of the Court under section 67(2) of the Vexatious Proceedings Act 2014 must be in Form 12L.
(2)The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates and in the preceding leave application.
Note
Further requirements are stated in section 67(4) of the Vexatious Proceedings Act 2014.
PART 3—PROVISIONS APPLYING TO APPLICATIONS
12.12Application of Part
This Part applies to an application that is made under any of the following sections of the Vexatious Proceedings Act 2014—
(a)section 10(1);
(b)section 16(1);
(c)section 34 in the case where the application relates to a person who is acting in concert with a person who is subject to a litigation restraint order that is not an extended litigation restraint order that relates to intervention order legislation.
12.13Service of applications
(1)The applicant must serve a copy of the application and a copy of any affidavit in support on every person to whom notice of the application is to be given unless otherwise provided by these Rules.
(2)The application must be served within a reasonable time before the day for hearing named in the application, and in no case later than 2.00 p.m. on the previous day, or where the office of the Court was closed on the day before the day for hearing, not later than 2.00 p.m. on the day the office was last open.
12.14Day for hearing
(1)If an application has not been served a registrar may, at the request of the party who filed it, amend the application on or before the day for hearing named in the application to name another day.
(2)The application may be amended—
(a)by a magistrate; or
(b)by a judicial registrar; or
(c)a registrar.
(3)An application shall not be amended under this Rule more than once.
(4)This Rule does not limit the power of the Court under Rule 36.01 of Magistrates' Court General Civil Procedure Rules 2010.
12.15Adjournment
(1)The Court may adjourn the hearing of an application on such terms as it thinks fit.
(2)The Court constituted by a registrar—
(a)may by consent order that the hearing of an application be adjourned to a particular date or for a particular time or generally, and reserve the costs of the adjournment; and
(b)must record the adjournment and any reservation of the costs by indorsement on the court file.
(3)If the hearing of an application is adjourned under paragraph (2), the Court may thereafter, whether the costs of the adjournment were reserved or not, make an order in relation to the costs of or occasioned by the adjournment as it thinks fit.
12.16Absence of party to application
(1)If any person to whom an application is addressed fails to attend, the Court may hear the application if satisfied that the application was duly served.
(2)If on an application the applicant fails to attend, the Court may dismiss the application or make such other order as it thinks fit.
__________________".
5New Forms 12A to 12L inserted
After Form 8A of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 insert—
"FORM 12A
Rule 12.02
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO APPLY FOR LIMITED LITIGATION RESTRAINT ORDER OR EXTENDED LITIGATION RESTRAINT ORDER
(Section 10(1) or 16(1) of the Vexatious Proceedings Act 2014)
I, [name], apply under section *10(1)/*16(1) of the Vexatious Proceedings Act 2014 for leave to apply for *a limited litigation restraint order/*an extended litigation restraint order.
In accordance with section *10(3)/*16(3) of that Act, I contend that there is merit in the application and that the making of the application would not be an abuse of process on the basis of the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to apply for *a limited litigation restraint order/*an extended litigation restraint order;
2.[set out any other orders sought].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 12B
Rule 12.03
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LIMITED LITIGATION RESTRAINT ORDER OR EXTENDED LITIGATION RESTRAINT ORDER
(Section 10(1) or 16(1) of the Vexatious Proceedings Act 2014)
I, [name], apply for *a limited litigation restraint order/*an extended litigation restraint order under section *10(1)/*16(1) of the Vexatious Proceedings Act 2014.
Leave was granted to me to apply by order of [insert name of Court] on [insert date]. Attached to this application is a copy of that order.
I contend that the order should be made on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.*a limited litigation restraint order/*an extended litigation restraint order;
2.[set out any other orders sought].
SUMMONS
To: [identify each party or other person to whom the application is addressed and state address of each person not a party].
You are summoned to attend before the Court on the hearing of the application for the orders sought.
The application will be heard in the Magistrates' Court of Victoria at [insert venue] on [e.g. 20 June 20 ] at [insert time] a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 12C
Rule 12.04
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR ACTING IN CONCERT ORDER
(Section 34 of the Vexatious Proceedings Act 2014)
I, [name], am a person referred to in section *34(a)/*34(b) of the Vexatious Proceedings Act 2014 and apply under that section for an acting in concert order.
I contend that the order should be made on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.an acting in concert order;
2.[set out any other orders sought].
SUMMONS
To: [identify each party or other person to whom the application is addressed and state address of each person not a party].
You are summoned to attend before the Court on the hearing of the application for the orders sought.
The application will be heard in the Magistrates' Court of Victoria at [insert venue] on [e.g. 20 June 20 ] at [insert time] a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 12D
Rule 12.05
[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]
APPLICATION FOR LEAVE TO MAKE OR CONTINUE INTERLOCUTORY APPLICATION IN PROCEEDING BY PERSON SUBJECT TO LIMITED LITIGATION RESTRAINT ORDER
(Section 50 of the Vexatious Proceedings Act 2014)
I, [name], a person subject to a limited litigation restraint order [identify the relevant order], apply under section 50 of the Vexatious Proceedings Act 2014 for leave to *make/*continue an interlocutory application in this proceeding.
In accordance with section 51 of that Act, I contend that the interlocutory application is not a vexatious application and that there are reasonable grounds for the application, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to *make/*continue the following interlocutory application [specify];
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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 12E
Rule 12.06
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
(Section 52(1) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to an extended litigation restraint order [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding to which the order relates, namely [identify the relevant proceeding].
In accordance with section 53 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to continue this proceeding/*a proceeding, namely [identify relevant proceeding];
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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 12F
Rule 12.06
IN THE MAGISTRATES' COURT
OF VICTORIA
20 No.
AT
IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014.
APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
I, [name], a person subject to an extended litigation restraint order [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a personor other entity protected by the order/*in respect of a matter described in the order.
In accordance with section 53 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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 12G
Rule 12.07
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER
(Section 54 of the Vexatious Proceedings Act 2014)
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 continue *this proceeding/*a proceeding, namely [identify relevant proceeding].
In accordance with section 55 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to continue *this proceeding/*a proceeding, namely [identify the proceeding];
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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 12H
Rule 12.07
IN THE MAGISTRATES' COURT
OF VICTORIA
20 No.
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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 12I
Rule 12.08
[heading as used in application for leave to proceed]
NOTICE OF APPLICATION FOR LEAVE TO PROCEED
(Section 60 of the Vexatious Proceedings Act 2014)
TO:
(a)the Attorney-General;
(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].
TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court for leave to proceed as follows: [describe the relief sought in the application].
Under section 60(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to proceed be given to you.
This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.
You are entitled to make submissions in relation to the application.
Date:
Any Questions?
If you have any questions, please contact the registrar at the Magistrates' Court of Victoria [venue], Tel: [insert telephone number], Hours: 9:00 a.m. to 4:30 p.m. each business day.
*delete if inapplicable
__________________
FORM 12J
Rule 12.09
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE LITIGATION RESTRAINT ORDER
(Section 65(1) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order/*a general litigation restraint order [identify the relevant order] apply for leave to apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.
I contend that leave to apply should be given to *vary the order/*revoke the order, on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks leave to apply for—
*1.variation of the order in the following manner [specify variation of order sought];
*1.revocation of the order;
2.[set out any other orders sought].
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 12K
Rule 12.10
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER
(Section 65(1) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order/*a general litigation restraint order [identify the relevant order] apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.
Leave was granted to me to apply to *vary/*revoke that order by order of [insert name of Court] on [insert date]. Attached to this application is a copy of that order.
I contend that the order should be *varied in the manner set out below/*revoked, on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
*1.variation of the order in the following manner [specify variation of order sought];
*1.revocation of the order;
2.[set out any other orders sought].
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 12L
Rule 12.11
[heading as used in application for leave to vary or revoke litigation restraint order]
NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER
(Section 67 of the Vexatious Proceedings Act 2014)
TO:
(a)the Attorney-General;
(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].
TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court to *vary the litigation restraint order in the following manner [describe variation sought]/*revoke the litigation restraint order.
Under section 67(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for *variation/*revocation be given to you.
This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application.
You are entitled to make submissions in relation to the application for *variation/*revocation.
Date:
Any Questions?
If you have any questions, please contact the registrar at the Magistrates' Court of Victoria [venue], Tel: [insert telephone number], Hours: 9:00 a.m. to 4:30 p.m. each business day.
*delete if inapplicable
__________________".
__________________
PART 3—AMENDMENT OF MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009
6New Rule 10A inserted
After Rule 10 of the Magistrates' Court Criminal Procedure Rules 2009[2] insert—
"10A Procedure under the Vexatious Proceedings Act 2014
Order 12 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 applies with any necessary modification to, and in relation to, a proceeding to which these Rules relate.".
__________________
PART 4—AMENDMENT OF MAGISTRATES' COURT (FAMILY VIOLENCE PROTECTION) RULES 2008
7New Order 16 inserted
After Order 15 of the Magistrates' Court (Family Violence Protection) Rules 2008[3] insert—
"ORDER 16
PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014
16.01Definitions
An expression used in the Vexatious Proceedings Act 2014 has the same meaning in this Order as it has in that Act.
16.02Applications for leave to apply for extended litigation restraint orders that relate to intervention order legislation
(1)An application under section 18(1) of the Vexatious Proceedings Act 2014 by a person referred to in section 18(1)(b) or (c) of that Act for leave to apply for an extended litigation restraint order that relates to intervention order legislation must be in Form 4.
(2)An application referred to in this rule—
(a)must be supported by an affidavit; and
(b)must be made without notice to any person unless the Court orders otherwise.
16.03Applications for extended litigation restraint orders that relate to intervention order legislation
(1)An application under section 18(1) of the Vexatious Proceedings Act 2014 for an extended litigation restraint order that relates to intervention order legislation must be in Form 5.
(2)An application referred to in this rule must be supported by an affidavit.
(3)In addition, a copy of the order granting leave to apply for the extended litigation restraint order must be attached to the application.
(4)Part 3 of Order 12 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 applies to an application made under section 18(1) of the Vexatious Proceedings Act 2014 as if a reference to that section were included in Rule 12.12 of those Rules.
16.04Applications for acting in concert orders—intervention order legislation
(1)An application under section 34 of the Vexatious Proceedings Act 2014 for an acting in concert order must be in Form 6.
(2)An application referred to in this rule must be supported by an affidavit.
(3)Part 3 of Order 12 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 applies to an application made under section 34 of the Vexatious Proceedings Act 2014 in the case where the application relates to a person who is acting in concert with a person who is subject to an extended litigation restraint order that relates to intervention order legislation as if a reference to that section in that case were included in Rule 12.12 of those Rules.
16.05Application for leave to proceed under extended litigation restraint order that relates to intervention order legislation
An application under section 52(2) of the Vexatious Proceedings Act 2014 by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding must be—
(a)in Form 7, in the case of an application to continue a proceeding in the Court; and
(b)in Form 8, in any other case.
16.06Application for leave to proceed under general litigation restraint order
An application under section 54 of the Vexatious Proceedings Act 2014 by a person subject to a general litigation restraint order for leave to commence or continue a proceeding that relates to intervention order legislation must be—
(a)in Form 9, in the case of an application to continue a proceeding; and
(b)in Form 10, in the case of an application to commence a proceeding.
16.07Notice of applications
(1)Notice required to be given by a direction of the Court under section 61(2) of the Vexatious Proceedings Act 2014 must be in Form 11.
(2)The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates.
Note
Further requirements are stated in section 61(4) of the Vexatious Proceedings Act 2014.
16.08Application for leave to apply for variation or revocation of extended litigation restraint order that relates to intervention order legislation
An application under section 65(2) of the Vexatious Proceedings Act 2014, by a person subject to an extended litigation restraint order that relates to intervention order legislation, for leave to apply to vary or revoke the order must be in Form 12.
16.09Application to vary or revoke extended litigation restraint order that relates to intervention order legislation
(1)An application under section 65(2) of the Vexatious Proceedings Act 2014, by a person subject to an extended litigation restraint order that relates to intervention order legislation, to vary or revoke the order must be in Form 13.
(2)In addition, a copy of the order granting leave to apply to vary or revoke the extended litigation restraint order must be attached to the application.
16.10Notice of application to vary or revoke litigation restraint order
(1)Notice required to be given by a direction of the Court under section 68(2) of the Vexatious Proceedings Act 2014 must be in Form 14.
(2)The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates and in the preceding leave application.
Note
Further requirements are stated in section 68(4) of the Vexatious Proceedings Act 2014.
__________________".
8Revocation
Rule 12.03 of the Magistrates' Court (Family Violence Protection) Rules 2008 is revoked.
9New Forms 4 to 14 inserted
After Form 3 of the Magistrates' Court (Family Violence Protection) Rules 2008 insert—
"FORM 4
Rule 16.02
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO APPLY FOR EXTENDED LITIGATION RESTRAINT ORDER
(Section 18(1) of the Vexatious Proceedings Act 2014)
I, [name], apply under section 18(1) of the Vexatious Proceedings Act 2014 for leave to apply for an extended litigation restraint order.
In accordance with section 18(3) of that Act, I contend that there is merit in the application and that the making of the application would not be an abuse of process on the basis of the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to apply for an extended litigation restraint order;
2.[set out any other orders sought].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 5
Rule 16.03
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR EXTENDED LITIGATION RESTRAINT ORDER
(Section 18(1) of the Vexatious Proceedings Act 2014)
I, [name], apply for an extended litigation restraint order under section 18(1) of the Vexatious Proceedings Act 2014.
Leave was granted to me to apply by order of [insert name of Court] on [insert date]. Attached to this application is a copy of that order.
I contend that the order should be made on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.an extended litigation restraint order;
2.[set out any other orders sought].
SUMMONS
To: [identify each party or other person to whom the application is addressed and state address of each person not a party].
You are summoned to attend before the Court on the hearing of the application for the orders sought.
The application will be heard in the Magistrates' Court of Victoria at [insert venue] on [e.g. 20 June 20 ] at [insert time] a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 6
Rule 16.04
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR ACTING IN CONCERT ORDER
(Section 34 of the Vexatious Proceedings Act 2014)
I, [name], am a person referred to in section *34(a)/*34(b) of the Vexatious Proceedings Act 2014 and apply under that section for an acting in concert order.
I contend that the order should be made on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.an acting in concert order;
2.[set out any other orders sought].
SUMMONS
To: [identify each party or other person to whom the application is addressed and state address of each person not a party].
You are summoned to attend before the Court on the hearing of the application for the orders sought.
The application will be heard in the Magistrates' Court of Victoria at [insert venue] on [e.g. 20 June 20 ] at [insert time] a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 7
Rule 16.05
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
(Section 52(2) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to an extended litigation restraint order that relates to intervention order legislation [identify the relevant order], apply under section 52(2) of the Vexatious Proceedings Act 2014 for leave to continue a proceeding to which the order relates.
In accordance with section 53 of that Act, I contend that the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to continue this proceeding;
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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 8
Rule 16.05
IN THE MAGISTRATES' COURT
OF VICTORIA
20 No.
AT
IN THE MATTER of an application under section 52(2) of the Vexatious Proceedings Act 2014.
APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
I, [name], a person subject to an extended litigation restraint order that relates to intervention order legislation [identify the relevant order], apply under section 52(2) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding to which the order relates.
In accordance with section 53 of that Act, I contend that the proceeding is not a vexatious proceeding and that there are reasonable grounds for the 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 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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 9
Rule 16.06
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER
(Section 54 of the Vexatious Proceedings Act 2014)
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 continue *this proceeding/*a proceeding, namely [identify relevant proceeding].
In accordance with section 55 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to continue *this proceeding/*a proceeding, namely [identify the proceeding];
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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 10
Rule 16.06
IN THE MAGISTRATES' COURT
OF VICTORIA
20 No.
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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 11
Rule 16.07
[heading as in form used in application]
NOTICE OF APPLICATION FOR LEAVE TO PROCEED
(Section 61 of the Vexatious Proceedings Act 2014)
TO:
(a)the Attorney-General;
(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].
TAKE NOTICE that [name] of [address], a person subject to a general litigation order or an extended litigation restraint order that relates to intervention order legislation [identify the relevant order], has made an application to the Court for leave to proceed as follows: [describe the relief sought in the application].
Under section *60/*61(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to proceed be given to you.
This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.
You are entitled to make submissions in relation to the application.
Date:
Any Questions?
If you have any questions, please contact the registrar at the Magistrates' Court of Victoria [venue], Tel: [insert telephone number], Hours: 9:00 a.m. to 4:30 p.m. each business day.
*delete if inapplicable
__________________
FORM 12
Rule 16.08
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER
(Section 65(2) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to an extended litigation restraint order that relates to intervention order legislation [identify the relevant order] apply for leave to apply to *vary/*revoke that order under section 65(2) of the Vexatious Proceedings Act 2014.
I contend that leave to apply should be given to *vary the order/*revoke the order on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks leave to apply for—
*1.variation of the order in the following manner [specify variation of order sought];
*1.the revocation of the order;
2.[set out any other orders sought].
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 13
Rule 16.09
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER
(Section 65(2) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to an extended litigation restraint order that relates to intervention order legislation [identify the relevant order] apply to *vary/*revoke that order under section 65(2) of the Vexatious Proceedings Act 2014.
Leave was granted to me to apply to *vary/*revoke that order by order of [insert name of Court] on [insert date]. Attached to this application is a copy of that order.
I contend that the order should be *varied in the manner set out below/*revoked on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
*1.variation of the order in the following manner [specify variation of order sought];
*1.revocation of the order;
2.[set out any other orders sought].
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 14
Rule 16.10
[heading as used in application for leave to vary or revoke litigation restraint order]
NOTICE OF APPLICATION TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER
(Section 68 of the Vexatious Proceedings Act 2014)
TO:
(a)the Attorney-General;
(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].
TAKE NOTICE that [name] of [address], a person subject to an extended litigation restraint order, has made an application to the Court to *vary the extended litigation restraint order in the following manner [describe variation sought]/*revoke the litigation restraint order.
Under section 68(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for *variation/*revocation be given to you.
This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application.
You are entitled to make submissions in relation to the application for *variation/*revocation.
Date:
Any Questions?
If you have any questions, please contact the registrar at the Magistrates' Court of Victoria [venue], Tel: [insert telephone number], Hours: 9:00 a.m. to 4:30 p.m. each business day.
*delete if inapplicable
__________________".
__________________
PART 5—AMENDMENT OF MAGISTRATES' COURT (PERSONAL SAFETY INTERVENTION ORDERS) RULES 2011
10New Order 16 inserted
After Order 15 of the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011[4] insert—
"ORDER 16
PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014
16.01Definitions
An expression used in the Vexatious Proceedings Act 2014 has the same meaning in this Order as it has in that Act.
16.02Applications for leave to apply for extended litigation restraint orders that relate to intervention order legislation
(1)An application under section 18(1) of the Vexatious Proceedings Act 2014 by a person referred to in section 18(1)(b) or (c) of that Act for leave to apply for an extended litigation restraint order that relates to intervention order legislation must be in Form 4.
(2)An application referred to in this rule—
(a)must be supported by an affidavit; and
(b)must be made without notice to any person unless the Court orders otherwise.
16.03Applications for extended litigation restraint orders that relate to intervention order legislation
(1)An application under section 18(1) of the Vexatious Proceedings Act 2014 for an extended litigation restraint order that relates to intervention order legislation must be in Form 5.
(2)An application referred to in this rule must be supported by an affidavit.
(3)In addition, a copy of the order granting leave to apply for the extended litigation restraint order must be attached to the application.
(4)Part 3 of Order 12 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 applies to an application made under section 18(1) of the Vexatious Proceedings Act 2014 as if a reference to that section were included in Rule 12.12 of those Rules.
16.04Applications for acting in concert orders—intervention order legislation
(1)An application under section 34 of the Vexatious Proceedings Act 2014 for an acting in concert order must be in Form 6.
(2)An application referred to in this rule must be supported by an affidavit.
(3)Part 3 of Order 12 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 applies to an application made under section 34 of the Vexatious Proceedings Act 2014 in the case where the application relates to a person who is acting in concert with a person who is subject to an extended litigation restraint order that relates to intervention order legislation as if a reference to that section in that case were included in Rule 12.12 of those Rules.
16.05Application for leave to proceed under extended litigation restraint order in relation to intervention order legislation
An application under section 52(2) of the Vexatious Proceedings Act 2014 by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding must be—
(a)in Form 7, in the case of an application to continue a proceeding in the Court; and
(b)in Form 8, in any other case.
16.06Application for leave to proceed under general litigation restraint order
An application under section 54 of the Vexatious Proceedings Act 2014 by a person subject to a general litigation restraint order for leave to commence or continue a proceeding that relates to intervention order legislation must be—
(a)in Form 9, in the case of an application to continue a proceeding; and
(b)in Form 10, in the case of an application to commence a proceeding.
16.07Notice of applications
(1)Notice required to be given by a direction of the Court under section 61(2) of the Vexatious Proceedings Act 2014 must be in Form 11.
(2)The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates.
Note
Further requirements are stated in section 61(4) of the Vexatious Proceedings Act 2014.
16.08Application for leave to apply for variation or revocation of extended litigation restraint order in relation to intervention order legislation
An application under section 65(2) of the Vexatious Proceedings Act 2014, by a person subject to an extended litigation restraint order that relates to intervention order legislation, for leave to apply to vary or revoke the order must be in Form 12.
16.09Application to vary or revoke extended litigation restraint order that relates to intervention order legislation
(1)An application under section 65(2) of the Vexatious Proceedings Act 2014, by a person subject to an extended litigation restraint order that relates to intervention order legislation, to vary or revoke the order must be in Form 13.
(2)In addition, a copy of the order granting leave to apply to vary or revoke the extended litigation restraint order must be attached to the application.
16.10Notice of application to vary or revoke litigation restraint order
(1)Notice required to be given by a direction of the Court under section 68(2) of the Vexatious Proceedings Act 2014 must be in Form 14.
(2)The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates and in the preceding leave application.
Note
Further requirements are stated in section 68(4) of the Vexatious Proceedings Act 2014.
__________________".
11Revocation
Rule 12.03 of the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011 is revoked.
12New Forms 4 to 14 inserted
After Form 3 of the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011 insert—
"FORM 4
Rule 16.02
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO APPLY FOR EXTENDED LITIGATION RESTRAINT ORDER
(Section 18(1) of the Vexatious Proceedings Act 2014)
I, [name], apply under section 18(1) of the Vexatious Proceedings Act 2014 for leave to apply for an extended litigation restraint order.
In accordance with section 18(3) of that Act, I contend that there is merit in the application and that the making of the application would not be an abuse of process on the basis of the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to apply for an extended litigation restraint order;
2.[set out any other orders sought].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 5
Rule 16.03
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR EXTENDED LITIGATION RESTRAINT ORDER
(Section 18(1) of the Vexatious Proceedings Act 2014)
I, [name], apply for an extended litigation restraint order under section 18(1) of the Vexatious Proceedings Act 2014.
Leave was granted to me to apply by order of [insert name of Court] on [insert date]. Attached to this application is a copy of that order.
I contend that the order should be made on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.an extended litigation restraint order;
2.[set out any other orders sought].
SUMMONS
To: [identify each party or other person to whom the application is addressed and state address of each person not a party].
You are summoned to attend before the Court on the hearing of the application for the orders sought.
The application will be heard in the Magistrates' Court of Victoria at [insert venue] on [e.g. 20 June 20 ] at [insert time] a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 6
Rule 16.04
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR ACTING IN CONCERT ORDER
(Section 34 of the Vexatious Proceedings Act 2014)
I, [name], am a person referred to in section *34(a)/*34(b) of the Vexatious Proceedings Act 2014 and apply under that section for an acting in concert order.
I contend that the order should be made on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.an acting in concert order;
2.[set out any other orders sought].
SUMMONS
To: [identify each party or other person to whom the application is addressed and state address of each person not a party].
You are summoned to attend before the Court on the hearing of the application for the orders sought.
The application will be heard in the Magistrates' Court of Victoria at [insert venue] on [e.g. 20 June 20 ] at [insert time] a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit in support of the order(s) sought in the application.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 7
Rule 16.05
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
(Section 52(2) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to an extended litigation restraint order that relates to intervention order legislation [identify the relevant order], apply under section 52(2) of the Vexatious Proceedings Act 2014 for leave to continue a proceeding to which the order relates.
In accordance with section 53 of that Act, I contend that the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to continue this proceeding;
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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 8
Rule 16.05
IN THE MAGISTRATES' COURT
OF VICTORIA
20 No.
AT
IN THE MATTER of an application under section 52(2) of the Vexatious Proceedings Act 2014.
APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
I, [name], a person subject to an extended litigation restraint order that relates to intervention order legislation [identify the relevant order], apply under section 52(2) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding to which the order relates.
In accordance with section 53 of that Act, I contend that the proceeding is not a vexatious proceeding and that there are reasonable grounds for the 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 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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 9
Rule 16.06
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER
(Section 54 of the Vexatious Proceedings Act 2014)
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 continue *this proceeding/*a proceeding, namely [identify relevant proceeding].
In accordance with section 55 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to continue *this proceeding/*a proceeding, namely [identify the proceeding];
2.[set out any other orders sought].
ACCOMPANYING AFFIDAVIT
This application is accompanied by affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 10
Rule 16.06
IN THE MAGISTRATES' COURT
OF VICTORIA
20 No.
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—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 11
Rule 16.07
[heading as in form used in application]
NOTICE OF APPLICATION FOR LEAVE TO PROCEED
(Section 61 of the Vexatious Proceedings Act 2014)
TO:
(a)the Attorney-General;
(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].
TAKE NOTICE that [name] of [address], a person subject to a general litigation order or an extended litigation restraint order that relates to intervention order legislation [identify the relevant order], has made an application to the Court for leave to proceed as follows: [describe the relief sought in the application].
Under section *60/*61(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to proceed be given to you.
This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.
You are entitled to make submissions in relation to the application.
Date:
Any Questions?
If you have any questions, please contact the registrar at the Magistrates' Court of Victoria [venue], Tel: [insert telephone number], Hours: 9:00 a.m. to 4:30 p.m. each business day.
*delete if inapplicable
__________________
FORM 12
Rule 16.08
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER
(Section 65(2) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to an extended litigation restraint order that relates to intervention order legislation [identify the relevant order] apply for leave to apply to *vary/*revoke that order under section 65(2) of the Vexatious Proceedings Act 2014.
I contend that leave to apply should be given to *vary the order/*revoke the order on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks leave to apply for—
*1.variation of the order in the following manner [specify variation of order sought];
*1.the revocation of the order;
2.[set out any other orders sought].
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 13
Rule 16.09
*[heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010]/*[heading in accordance with Rule 27.02]
APPLICATION TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER
(Section 65(2) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to an extended litigation restraint order that relates to intervention order legislation [identify the relevant order] apply to *vary/*revoke that order under section 65(2) of the Vexatious Proceedings Act 2014.
Leave was granted to me to apply to *vary/*revoke that order by order of [insert name of Court] on [insert date]. Attached to this application is a copy of that order.
I contend that the order should be *varied in the manner set out below/*revoked on the following grounds: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
*1.variation of the order in the following manner [specify variation of order sought];
*1.revocation of the order;
2.[set out any other orders sought].
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].
*(c)for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].
The address of the applicant is:
The address for service of the applicant is:
Date:
Signed
*delete if inapplicable
__________________
FORM 14
Rule 16.10
[heading as used in application for leave to vary or revoke litigation restraint order]
NOTICE OF APPLICATION TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER
(Section 68 of the Vexatious Proceedings Act 2014)
TO:
(a)the Attorney-General;
(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].
TAKE NOTICE that [name] of [address], a person subject to an extended litigation restraint order, has made an application to the Court to *vary the extended litigation restraint order in the following manner [describe variation sought]/*revoke the extended litigation restraint order.
Under section 68(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for *variation/*revocation be given to you.
This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application.
You are entitled to make submissions in relation to the application for *variation/*revocation.
Date:
Any Questions?
If you have any questions, please contact the registrar at the Magistrates' Court of Victoria [venue], Tel: [insert telephone number], Hours: 9:00 a.m. to 4:30 p.m. each business day.
*delete if inapplicable
__________________".
Dated: 30 October 2014
PETER LAURITSEN,
Chief MagistrateFELICITY BROUGHTON,
Deputy Chief MagistrateLANCE MARTIN,
Deputy Chief Magistrate
═══════════════
ENDNOTES
[1] Rule 4: S.R. No. 141/2010 as amended by S.R. Nos 124/2011, 27/2012, 158/2012, 11/2014, 70/2014 and 106/2014.
[2] Rule 6: S.R. No. 181/2009 as amended by S.R. Nos 18/2011, 59/2011, 123/2011, 150/2011, 118/2012, 155/2013, 177/2013, 24/2014 and 121/2014.
[3] Rule 7: S.R. No. 157/2008 as amended by S.R. No. 95/2011.
[4] Rule 10: S.R. No. 96/2011.
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