Victorian Civil and Administrative Tribunal (Vexatious Proceedings Amendment) Rules 2014 (Vic)

Victorian Civil and Administrative Tribunal (Vexatious Proceedings Amendment) Rules 2014

S.R. No. 182/2014

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5New Order 10 inserted

ORDER 10—PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014

10.01Definitions

10.02Application for leave to proceed under limited
litigation restraint order

10.03Application for leave to proceed under extended litigation restraint order

10.04Application for leave to proceed under general
litigation restraint order

10.05Notice of application for leave to proceed

10.06Application for leave to apply for variation or
revocation of litigation restraint order

10.07Application to vary or revoke litigation restraint order

10.08Notice of application to vary or revoke litigation
restraint order

6New Forms 13 to 21 in Schedule 2

Form 13—Application for Leave to Make or Continue Interlocutory Application in Proceeding by Person Subject to Limited Litigation Restraint Order

Form 14—Application for Leave to Continue Proceeding by Person Subject to Extended Litigation Restraint
Order

Form 15—Application for Leave to Commence Proceeding by Person Subject to Extended Litigation Restraint
Order

Form 16—Application for Leave to Continue Proceeding by Person Subject to General Litigation Restraint Order

Form 17—Application for Leave to Commence Proceeding
by Person Subject to General Litigation Restraint Order

Form 18—Notice of Application For Leave to Proceed

Form 19—Application for Leave to Apply to Vary or Revoke Litigation Restraint Order

Form 20—Application to Vary or Revoke Litigation Restraint Order

Form 21—Notice of Application To Vary or Revoke Litigation Restraint Order

═══════════════

ENDNOTES

STATUTORY RULES 2014

S.R. No. 182/2014

Victorian Civil and Administrative Tribunal Act 1998
Vexatious Proceedings Act 2014

Victorian Civil and Administrative Tribunal (Vexatious Proceedings Amendment) Rules 2014

The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:

1Object

The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2008 to provide for matters in relation to proceedings under the Vexatious Proceedings Act 2014.

2Authorising provisions

These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998, section 88 of the Vexatious Proceedings Act 2014 and all other enabling powers.

3Commencement

These Rules come into operation on 31 October 2014.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008[1] are called the Principal Rules.

5New Order 10 inserted

After Order 9 of the Principal Rules insert—

"ORDER 10—PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014

10.01Definitions

An expression used in the Vexatious Proceedings Act 2014 has the same meaning in this Order as it has in that Act.

10.02Application 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 13 in Schedule 2.

10.03Application 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 14 in Schedule 2, in the case of an application to continue a proceeding; and

(b)in Form 15 in Schedule 2, in the case of an application to commence a proceeding.

10.04Application for leave to proceed under general litigation restraint order

An application under section 54(1) 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 16 in Schedule 2, in the case of an application to continue a proceeding; and

(b)in Form 17 in Schedule 2, in the case of an application to commence a proceeding.

10.05Notice of application for leave to proceed

(1)Notice required to be given by a direction of the Tribunal under section 60(2) of the Vexatious Proceedings Act 2014 must be in Form 18 in Schedule 2.

(2)The notice must be accompanied by a copy of every order made or direction given by the Tribunal in the application to which the notice relates.

Note

Further requirements are stated in section 60(4) of the Vexatious Proceedings Act 2014.

10.06Application 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 19 in Schedule 2.

10.07Application to vary or revoke litigation restraint order

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 20 in Schedule 2.

10.08Notice of application to vary or revoke litigation restraint order

(1)Notice required to be given by a direction of the Tribunal under section 67(2) of the Vexatious Proceedings Act 2014 must be in Form 21 in Schedule 2.

(2)The notice must be accompanied by a copy of every order made or direction given by the Tribunal 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.

__________________".

6New Forms 13 to 21 in Schedule 2

After Form 12 in Schedule 2 to the Principal Rules insert—

"FORM 13

Victorian Civil and Administrative Tribunal Rules 2008

APPLICATION FOR LEAVE TO MAKE OR CONTINUE INTERLOCUTORY APPLICATION IN PROCEEDING BY PERSON SUBJECT TO LIMITED LITIGATION RESTRAINT ORDER

Rule 10.02

VICTORIAN CIVIL AND ADMINISTRATIVE                  20    No.

TRIBUNAL  Registry

Applicant—

Respondent—

(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 solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

Date:

Signed

*delete if inapplicable

__________________

FORM 14

Victorian Civil and Administrative Tribunal Rules 2008

APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

Rule 10.03

VICTORIAN CIVIL AND ADMINISTRATIVE                  20    No.

TRIBUNAL  Registry

Applicant—

Respondent—

(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 solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, 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 15

Victorian Civil and Administrative Tribunal Rules 2008

APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

Rule 10.03

VICTORIAN CIVIL AND ADMINISTRATIVE                  20    No.

TRIBUNAL  Registry

Name of applicant—

Address—

Address for service of documents—

[if different from above]

Name of respondent—

Address—

Address for service of documents—

[if different from above]

IN THE MATTER of an application under 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 commence a proceeding *against a person or 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 solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, 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 16

Victorian Civil and Administrative Tribunal Rules 2008

APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

Rule 10.04

VICTORIAN CIVIL AND ADMINISTRATIVE                  20    No.

TRIBUNAL  Registry

Applicant—

Respondent—

(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 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 solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, 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 17

Victorian Civil and Administrative Tribunal Rules 2008

APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

Rule 10.04

VICTORIAN CIVIL AND ADMINISTRATIVE                  20    No.

TRIBUNAL  Registry

Name of applicant—

Address—

Address for service of documents—

[if different from above]

Name of respondent—

Address—

Address for service of documents—

[if different from above]

IN THE MATTER of an application under 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 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 solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, 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 18

Victorian Civil and Administrative Tribunal Rules 2008

NOTICE OF APPLICATION FOR LEAVE TO PROCEED

Rule 10.05

VICTORIAN CIVIL AND ADMINISTRATIVE                  20    No.

TRIBUNAL  Registry

Applicant—

Respondent—

(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 Tribunal'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 Tribunal for leave to proceed as follows:  [describe the relief sought in the application].

Under section 60(2) of the Vexatious Proceedings Act 2014, the Tribunal 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 Tribunal 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 principal registrar's office at VCAT [insert address] Melbourne, Tel: [insert telephone number]
Hours:  9:30 am to 4:00 pm each business day.

*delete if inapplicable

__________________

FORM 19

Victorian Civil and Administrative Tribunal Rules 2008

APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 10.06

VICTORIAN CIVIL AND ADMINISTRATIVE                  20    No.

TRIBUNAL  Registry

Applicant—

Respondent—

(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 [specify details of litigation restraint 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 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 solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, 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 20

Victorian Civil and Administrative Tribunal Rules 2008

APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 10.07

VICTORIAN CIVIL AND ADMINISTRATIVE                  20    No.

TRIBUNAL  Registry

Applicant—

Respondent—

(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 [specify details of litigation restraint order] apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.

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 solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, 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 21

Victorian Civil and Administrative Tribunal Rules 2008

NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 10.08

VICTORIAN CIVIL AND ADMINISTRATIVE                  20    No.

TRIBUNAL  Registry

Applicant—

Respondent—

(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 Tribunal'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 Tribunal 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 Tribunal 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 Tribunal 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 principal registrar's office at VCAT [insert address] Melbourne, Tel: [insert telephone number]
Hours:  9:30 am to 4:00 pm each business day.

*delete if inapplicable

__________________".

Dated:    27 October 2014

GREG GARDE, President

M. F. MACNAMARA, Vice President

MARK DWYER, Deputy President

MARGARET BAIRD, Senior Member

BILL SIBONIS, Member

═══════════════

ENDNOTES

[1] Rule 4: S.R. No. 65/2008. Reprint No. 2 as at 7 March 2014. Reprinted to S.R. No. 165/2013. Subsequently amended by S.R. Nos 35/2014 and 133/2014.