Commonwealth Consolidated Acts

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Application for leave to institute proceedings

             (1)  This section applies to a person (the applicant ) who is:

                     (a)  subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in the High Court; or

                     (b)  acting in concert with another person who is subject to an order mentioned in paragraph (a).

             (2)  The applicant may apply to the High Court for leave to institute a proceeding that is subject to the order.

             (3)  The applicant must file an affidavit with the application that:

                     (a)  lists all the occasions on which the applicant has applied for leave under this section; and

                     (b)  lists all other proceedings the applicant has instituted in any Australian court or tribunal, including proceedings instituted before the commencement of this section; and

                     (c)  discloses all relevant facts about the application, whether supporting or adverse to the application, that are known to the applicant.

             (4)  The applicant must not serve a copy of the application or affidavit on a person unless an order is made under paragraph 77RS(1)(a). If the order is made, the applicant must serve the copy in accordance with the order.

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