Victorian Current Acts

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VEXATIOUS PROCEEDINGS ACT 2014 - SECT 63

Determining application for leave to proceed

    (1)     A Victorian court or tribunal may determine an application for leave to proceed on the basis of written submissions, without the appearance of—

        (a)     the person who made the application; or

        (b)     any person given notice of the application in accordance with section 60 or 61.

    (2)     Despite subsection (1), a Victorian court or tribunal may determine an application for leave to proceed by conducting an oral hearing, if the Victorian court or tribunal considers—

        (a)     there are exceptional circumstances; and

        (b)     it is appropriate to do so, having regard to the interests of justice.

    (3)     An oral hearing may be held under subsection (2) regardless of whether written submissions have been made to the Victorian court or tribunal and, if made, whether those submissions establish the matters required for the granting of leave or the dismissal of the application.



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