Victorian Current Acts

VEXATIOUS PROCEEDINGS ACT 2014 - SECT 18

    (1)     Subject to subsection (2), any of the following persons may apply to the Magistrates' Court or the Children's Court for an extended litigation restraint order that relates to intervention order legislation against a person—

        (a)     the Attorney-General;

        (b)     if the person has commenced or conducted a vexatious proceeding under intervention order legislation against another person, that other person;

        (c)     a person with a sufficient interest in the matter.

Example

For the purposes of an extended litigation restraint order that relates to intervention order legislation, a person with a sufficient interest in the matter may include a police officer or a guardian or family member who seeks to apply for an intervention order under intervention order legislation on behalf of a person.

    (2)     A person referred to in subsection (1)(b) or (c) must not apply for an extended litigation restraint order without leave of the Magistrates' Court or the Children's Court (as the case requires).

    (3)     The Children's Court or the Magistrates' Court may grant leave to apply for an extended litigation restraint order that relates to intervention order legislation if the Court is satisfied that—

        (a)     there is merit in the application; and

        (b)     the making of the application would not be an abuse of process.