Commonwealth Consolidated Acts

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Granting application for leave

             (1)  Before the court makes an order granting an application under section 102QE for leave to institute proceedings, it must:

                     (a)  order that the applicant serve:

                              (i)  the person against whom the applicant proposes to institute the proceedings; and

                             (ii)  any other person specified in the order;

                            with a copy of the application and affidavit and a notice that the person is entitled to be heard on the application; and

                     (b)  give the applicant and each person described in subparagraph (a)(i) or (ii), on appearance, an opportunity to be heard at the hearing of the application.

             (2)  At the hearing of the application, the court may receive as evidence any record of evidence given, or affidavit filed, in any proceedings in any Australian court or tribunal in which the applicant is, or at any time was, involved either as a party or as a person acting in concert with a party.

             (3)  The court may make an order granting the application. The order may be made subject to the conditions the court considers appropriate.

             (4)  The court may grant leave only if it is satisfied the proceedings are not vexatious proceedings.


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