MAGISTRATES' COURT (VEXATIOUS PROCEEDINGS AMENDMENTS) RULES 2014 (SR NO 203 OF 2014)

Victorian Numbered Regulations

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MAGISTRATES' COURT (VEXATIOUS PROCEEDINGS AMENDMENTS) RULES 2014 (SR NO 203 OF 2014) - REG 9

New Forms 4 to 14 inserted

After Form 3 of the Magistrates' Court (Family Violence Protection) Rules 2008 insert —

" FORM 4

Rule 16.02

*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010 ]/*[ heading in accordance with Rule 27.02 ]

APPLICATION FOR LEAVE TO APPLY FOR EXTENDED LITIGATION RESTRAINT ORDER

(Section 18(1) of the Vexatious Proceedings Act 2014 )

I, [ name ], apply under section 18(1) of the Vexatious Proceedings Act 2014 for leave to apply for an extended litigation restraint order.

In accordance with section 18(3) of that Act, I contend that there is merit in the application and that the making of the application would not be an abuse of process on the basis of the following grounds: [ set out the grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks—

1. leave to apply for an extended litigation restraint order;

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit in support of the order(s) sought in the application.

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [ name or firm of Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ].

*(c) for the applicant by [ name or firm of Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ] as agent for [ name or firm of principal Australian lawyer ], Australian lawyer, 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 5

Rule 16.03

*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010 ]/*[ heading in accordance with Rule 27.02 ]

APPLICATION FOR EXTENDED LITIGATION RESTRAINT ORDER

(Section 18(1) of the Vexatious Proceedings Act 2014 )

I, [ name ], apply for an extended litigation restraint order under section 18(1) of the Vexatious Proceedings Act 2014 .

Leave was granted to me to apply by order of [ insert name of Court ] on [ insert date ]. Attached to this application is a copy of that order.

I contend that the order should be made on the following grounds: [ set out the grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks—

1. an extended litigation restraint order;

2. [ set out any other orders sought ].

SUMMONS

To: [identify each party or other person to whom the application is addressed and state address of each person not a party] .

You are summoned to attend before the Court on the hearing of the application for the orders sought.

The application will be heard in the Magistrates' Court of Victoria at [ insert venue ] on [e.g. 20 June 20 ] at [ insert time ] a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit in support of the order(s) sought in the application.

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [ name or firm of Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

__________________

FORM 6

Rule 16.04

*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010 ]/*[ heading in accordance with Rule 27.02 ]

APPLICATION FOR ACTING IN CONCERT ORDER

(Section 34 of the Vexatious Proceedings Act 2014 )

I, [ name ], am a person referred to in section *34(a)/*34(b) of the Vexatious Proceedings Act 2014 and apply under that section for an acting in concert order.

I contend that the order should be made on the following grounds: [ set out the grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks—

1. an acting in concert order;

2. [ set out any other orders sought ].

SUMMONS

To: [identify each party or other person to whom the application is addressed and state address of each person not a party] .

You are summoned to attend before the Court on the hearing of the application for the orders sought.

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit in support of the order(s) sought in the application.

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [ name or firm of Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

__________________

FORM 7

Rule 16.05

*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010 ]/*[ heading in accordance with Rule 27.02 ]

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

(Section 52(2) of the Vexatious Proceedings Act 2014 )

I, [ name ], a person subject to an extended litigation restraint order that relates to intervention order legislation [ identify the relevant order ], apply under section 52(2) of the Vexatious Proceedings Act 2014 for leave to continue a proceeding to which the order relates.

In accordance with section 53 of that Act, I contend that 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;

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;

(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 Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

__________________

FORM 8

Rule 16.05

IN THE MAGISTRATES' COURT

OF VICTORIA

20 No.

IN THE MATTER of an application under section 52(2) of the Vexatious Proceedings Act 2014 .

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

ORDERS SOUGHT

The applicant seeks—

1. leave to commence a proceeding, namely, [ set out full details of 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;

(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 Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

__________________

FORM 9

Rule 16.06

*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010 ]/*[ heading in accordance with Rule 27.02 ]

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

(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 the 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;

(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 Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

__________________

FORM 10

Rule 16.06

IN THE MAGISTRATES' COURT

OF VICTORIA

20 No.

IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014 .

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

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;

(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 Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

__________________

FORM 11

Rule 16.07

[ heading as in form used in application ]

NOTICE OF APPLICATION FOR LEAVE TO PROCEED

(Section 61 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 Court's direction, and if more than one, list separately ].

TAKE NOTICE that [ name ] of [ address ], a person subject to a general litigation order or an extended litigation restraint order that relates to intervention order legislation [ identify the relevant order ], has made an application to the Court for leave to proceed as follows: [ describe the relief sought in the application ].

Under section *60/*61(2) of the Vexatious Proceedings Act 2014 , the Court 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 Court 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 registrar at the Magistrates' Court of Victoria [ venue ], Tel: [ insert telephone number ], Hours: 9:00 a.m. to 4:30 p.m. each business day.

*delete if inapplicable

__________________

FORM 12

Rule 16.08

*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010 ]/*[ heading in accordance with Rule 27.02 ]

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

(Section 65(2) of the Vexatious Proceedings Act 2014 )

I, [ name ], a person subject to an extended litigation restraint order that relates to intervention order legislation [ identify the relevant order ] apply for leave to apply to *vary/*revoke that order under section 65(2) of the Vexatious Proceedings Act 2014 .

I contend that leave to apply 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. the 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 Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

__________________

FORM 13

Rule 16.09

*[ heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010 ]/*[ heading in accordance with Rule 27.02 ]

APPLICATION TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER

(Section 65(2) of the Vexatious Proceedings Act 2014 )

I, [ name ], a person subject to an extended litigation restraint order that relates to intervention order legislation [ identify the relevant order ] apply to *vary/*revoke that order under section 65(2) of the Vexatious Proceedings Act 2014 .

Leave was granted to me to apply to *vary/*revoke that order by order of [ insert name of Court ] on [ insert date ]. Attached to this application is a copy of that order.

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 Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

__________________

FORM 14

Rule 16.10

[ heading as used in application for leave to vary or revoke litigation restraint order ]

NOTICE OF APPLICATION TO VARY OR REVOKE EXTENDED LITIGATION RESTRAINT ORDER

(Section 68 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 Court's direction, and if more than one, list separately ].

TAKE NOTICE that [ name ] of [ address ], a person subject to an extended litigation restraint order, has made an application to the Court to *vary the extended litigation restraint order in the following manner [ describe variation sought ]/*revoke the litigation restraint order .

Under section 68(2) of the Vexatious Proceedings Act 2014 , the Court 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 Court 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:

*delete if inapplicable

__________________".

__________________

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