Supreme Court (Chapter I Vexatious Proceedings Amendment) Rules 2024 (Vic)
Supreme Court (Chapter I Vexatious Proceedings Amendment) Rules 2024
S.R. No. 14/2024
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Order 83 substituted
5Forms amended
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Endnotes
STATUTORY RULES 2024
S.R. No. 14/2024
Supreme Court Act 1986
Vexatious Proceedings Act 2014
Supreme Court (Chapter I Vexatious Proceedings Amendment) Rules 2024
The Judges of the Supreme Court make the following Rules:
1Object
The object of these Rules is to substitute Order 83 of Chapter I of the Rules of the Supreme Court to provide for procedure for applications and own motion orders under the Vexatious Proceedings Act 2014.
2Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986, section 88 of the Vexatious Proceedings Act 2014 and all other enabling powers.
3Commencement
These Rules come into operation on 1 April 2024.
4Order 83 substituted
For Order 83 of the Supreme Court (General Civil Procedure) Rules 2015[1] substitute—
"ORDER 83—PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014
Part 1—Preliminary
83.01Definitions
(1)In this Order, unless the context otherwise requires—
litigation order means—
(a)a litigation restraint order;
Note
This is a defined term in the Vexatious Proceedings Act 2014 which encompasses a limited litigation restraint order, an extended litigation restraint order and a general litigation restraint order.
(b)an acting in concert order; and
(c)an appeal restriction order.
respondent means a person against whom a litigation order may be made;
Vexatious Proceedings Act means the Vexatious Proceedings Act 2014.
(2)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 generally
83.02Applications for litigation restraint orders by person requiring leave
(1)This Rule applies to—
(a)an application under section 10(1) of the Vexatious Proceedings Act for a limited litigation restraint order against a person who is a party to a proceeding in the Court by—
(i)a person against whom the party has made a vexatious application; or
(ii)a person with a sufficient interest in the matter;
Note
See section 10(2) of the Vexatious Proceedings Act for limitations on these applications.
(b)an application under section 16(1) of the Vexatious Proceedings Act for an extended litigation restraint order against a person by—
(i)a person against whom the person who is the subject of the application has commenced or conducted a vexatious proceeding; or
(ii)a person with a sufficient interest in the matter.
Note
See section 16(2) of the Vexatious Proceedings Act for limitations on these applications.
(2)An application to which this Rule applies shall be by summons accompanied by a supporting affidavit.
(3)The summons shall—
(a)seek leave to apply for the type of litigation order sought;
(b)seek directions from the Court; and
(c)specify the type of litigation order sought.
(4)If leave to apply is granted, the summons and a copy of the supporting affidavit shall be served personally on the respondent, unless the Court otherwise orders.
83.03Applications by Attorney-General for litigation restraint orders
(1)An application under section 10(1) of the Vexatious Proceedings Act by the Attorney‑General for a limited litigation restraint order against a person who is a party to a proceeding in the Court shall be by summons accompanied by a supporting affidavit.
(2)An application under section 16(1) of the Vexatious Proceedings Act by the Attorney‑General for an extended litigation restraint order against a person shall be by originating motion accompanied by a supporting affidavit.
(3)An application under section 28 of the Vexatious Proceedings Act by the Attorney‑General for a general litigation restraint order shall be by originating motion accompanied by a supporting affidavit.
(4)The summons or originating motion (as the case requires) and a copy of the supporting affidavit shall be served personally on the respondent, unless the Court otherwise orders.
Part 3—Own motion procedure
83.04Application of this Part
This Part applies to the exercise by the Court of its own motion power in respect of—
(a)a limited litigation restraint order under section 11(4)(a) of the Vexatious Proceedings Act;
(b)an extended litigation restraint order under section 17(4)(a) of the Vexatious Proceedings Act;
(c)a general litigation restraint order under section 29(4)(a) of the Vexatious Proceedings Act;
(d)an acting in concert order under section 35(2)(a) of the Vexatious Proceedings Act;
(e)an appeal restriction order under section 37 of the Vexatious Proceedings Act.
83.05Application by Prothonotary for litigation order—own motion of Court
(1)Where the Court is considering the exercise of an own motion power under the Vexatious Proceedings Act, the Court, by order, may direct the Prothonotary to apply by originating motion accompanied by a supporting affidavit for one or more of the following orders in respect of a party to a proceeding—
(a)a limited litigation restraint order under section 11(4)(a) of that Act;
(b)an extended litigation restraint order under section 17(4)(a) of that Act;
(c)a general litigation restraint order under section 29(4)(a) of that Act;
(d)an acting in concert order under section 35(2)(a) of that Act;
(e)an appeal restriction order under section 37 of that Act.
(2)The originating motion and a copy of the affidavit shall be served personally on the respondent, unless the Court otherwise orders.
(3)The originating motion shall specify the type of litigation order to which this Part applies in respect of which the Court is exercising its own motion power.
83.06Costs
(1)The costs of an application for a litigation order to which this Part applies shall be in the discretion of the Court, whether an order to which this Part applies is made or not.
(2)Where the Prothonotary applies as so directed, the Court may order that costs be paid by the Prothonotary to the respondent or by the respondent to the Prothonotary as the Court thinks fit.
Part 4—Applications where litigation orders are in force
83.07Application for leave to proceed under limited litigation restraint order
An application under section 50 of the Vexatious Proceedings Act 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 shall be in Form 83A.
83.08Application for leave to proceed under extended litigation restraint order
An application under section 52(1) of the Vexatious Proceedings Act by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding shall be—
(a)in Form 83B, in the case of an application to continue a proceeding; and
(b)in Form 83C, in the case of an application to commence a proceeding.
83.09Application for leave to proceed under general litigation restraint order
An application under section 54 of the Vexatious Proceedings Act by a person subject to a general litigation restraint order for leave to commence or continue a proceeding shall be—
(a)in Form 83D, in the case of an application to continue a proceeding; and
(b)in Form 83E, in the case of an application to commence a proceeding.
83.10Notice of application for leave to proceed
(1)Notice required to be given by a direction of the Court under section 60(2) of the Vexatious Proceedings Act shall be in Form 83F.
(2)The notice shall 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.
83.11Application for leave to apply for variation or revocation of litigation restraint order
An application under section 65(1) of the Vexatious Proceedings Act by a person subject to a litigation restraint order for leave to apply to vary or revoke the order shall be in Form 83G.
83.12Application to vary or revoke litigation restraint order
An application under section 65(1) of the Vexatious Proceedings Act by a person subject to a litigation restraint order to vary or revoke the order shall be in Form 83H.
83.13Notice 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 shall be in Form 83I.
(2)The notice shall 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.
83.14Power of Prothonotary under Rule 28A.04 not limited
Nothing in this Order limits the powers of the Prothonotary under Rule 28A.04.
Part 5—Appeals on a question of law under Part 10 of the Vexatious Proceedings Act
83.15Application for leave to appeal under Part 10 of Vexatious Proceedings Act
(1)An application for leave to appeal a decision of a Victorian court or tribunal on a question of law under section 79 of the Vexatious Proceedings Act shall be made by filing an application in Form 83J.
(2)The application for leave to appeal shall be made—
(a)to the Trial Division, in the case of a decision of a Victorian court or tribunal other than the Supreme Court constituted by a Judge of the Court; and
(b)to the Court of Appeal, in the case of a decision of—
(i)a Victorian court or tribunal other than the Supreme Court constituted by a Judge of the Court who is the President of VCAT or a dual commission holder; or
(ii)the Supreme Court constituted by a Judge of the Court.
(3)The application for leave to appeal shall be made within 28 days of the decision of the Victorian court or tribunal.
(4)As soon as practicable after filing the application for leave to appeal, the applicant shall deliver a sealed copy of the application to the registrar or other proper officer of the Victorian court or tribunal.
(5)At the time of filing the application for leave to appeal, the applicant shall file an affidavit in support of the application, together with the requisite exhibits.
(6)The affidavit shall set out the acts, facts, matters and circumstances relating to—
(a)the order of the Victorian court or tribunal; and
(b)the grounds in the proposed notice of appeal.
(7)There shall be included as exhibits to the affidavit—
(a)a copy of the application (if any) in relation to which the order of the Victorian court or tribunal was made, together with a copy of the affidavit (if any) that accompanied that application;
(b)a copy of the order from which the appeal is to be brought;
(c)a copy of any reasons given for the order; and
(d)a copy of the proposed notice of appeal—
or their absence as exhibits shall be accounted for in the affidavit.
(8)Subject to Part 10 of the Vexatious Proceedings Act, the Court may give any directions as to the further conduct of the application for leave to appeal including, if thought fit, a direction that the application and any appeal for which leave may be granted be determined together or at the same time.
83.16Notice of application for leave to appeal
(1)Notice required to be given by a direction of the Court under section 81(2) or 82(2) of the Vexatious Proceedings Act shall be in Form 83K.
(2)The notice shall be accompanied by a copy of the affidavit in support of the application (including exhibits) and 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 sections 81(4) and 82(4) of the Vexatious Proceedings Act.".
5Forms amended
In the Supreme Court (General Civil Procedure) Rules 2015—
(a)in Form 83A, for "83.02" substitute "83.07";
(b)in Form 83B, for "83.03" substitute "83.08";
(c)in Form 83C, for "83.03" substitute "83.08";
(d)in Form 83D, for "83.04" substitute "83.09";
(e)in Form 83E, for "83.04" substitute "83.09";
(f)in Form 83F, for "83.05" substitute "83.10";
(g)in Form 83G, for "83.06" substitute "83.11";
(h)in Form 83H, for "83.07" substitute "83.12";
(i)in Form 83I, for "83.08" substitute "83.13";
(j)in Form 83J, for "83.09" substitute "83.15";
(k)in Form 83K, for "83.10" substitute "83.16".
Dated: 21 March 2024
ANNE FERGUSON, C.J.
KARIN EMERTON, P.
DAVID F. R. BEACH, J.A.
S. G. E. McLEISH, J.A.
R. NIALL, J.A.
M. E. KENNEDY, J.A.
K. WALKER, J.A.
C. MACAULAY, J.A.
L. A. TAYLOR, J.A.
KEVIN J. A. LYONS, J.A.
C. B. BOYCE, J.A.
ELIZABETH HOLLINGWORTH, J.
ANTHONY CAVANOUGH, J.
MELANIE SLOSS, J.
M. J. CROUCHER, J.
MICHAEL McDONALD, J.
JANE DIXON, J.
A. J. KEOGH, J.
MICHELLE QUIGLEY, J.
MELINDA RICHARDS, J.
S. J. MOORE, J.
ANDREW J. TINNEY, J.
J. DELANY, J.
KATHRYN STYNES, J.
JAMES GORTON, J.
MICHAEL OSBORNE, J.
S. A. O'MEARA, J.
RICHARD ATTIWILL, J.
AMANDA FOX, J.
ANDREA TSALAMANDRIS, J.
E. WOODWARD, J.
P. MATTHEWS, J.
P. COSGRAVE, J.
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ENDNOTES
[1] Rule 4: S.R. No. 103/2015. Reprint No. 2 as at 2 January 2018. Reprinted to S.R. No. 127/2017. Subsequently amended by S.R. Nos 32/2018, 33/2018, 58/2018, 131/2018, 132/2018, 168/2018, 19/2019, 21/2019, 38/2019, 73/2019, 90/2019, 122/2019, 124/2019, 29/2020, 30/2020, 57/2020, 98/2020, 16/2021, 17/2021, 105/2021, 144/2021, 34/2022, 132/2022, 133/2022, 21/2023, 95/2023, 123/2023 and 124/2023.
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