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Supreme Court (Vexatious Proceedings Amendments) Rules 2014

S.R. No. 206/2014

TABLE OF PROVISIONSRule Page

PART 1—PRELIMINARY 1

1 Object 12 Authorising provisions 13 Commencement 1

PART 2—AMENDMENT OF CHAPTER I 2

4 Limitations on authority 25 New Order 83 inserted 2

ORDER 83—PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014 2

83.01 Definitions 283.02 Application for leave to proceed under limited

litigation restraint order 283.03 Application for leave to proceed under extended

litigation restraint order 283.04 Application for leave to proceed under general

litigation restraint order 383.05 Notice of application for leave to proceed 383.06 Application for leave to apply for variation or

revocation of litigation restraint order 483.07 Application to vary or revoke litigation restraint order 483.08 Notice of application to vary or revoke litigation

restraint order 483.09 Application for leave to appeal under Part 10 of

Vexatious Proceedings Act 2014 483.10 Notice of application for leave to appeal 6

1

6 New Forms 83A to 83K inserted 7

Form 83A—Application for Leave to Make or Continue Interlocutory Application in Proceeding by Person Subject to Limited Litigation Restraint Order 7

Form 83B—Application for Leave to Continue Proceeding by Person Subject to Extended Litigation Restraint Order 9

Form 83C—Application for Leave to Commence Proceeding by Person Subject to Extended Litigation Restraint Order 11

Form 83D—Application for Leave to Continue Proceeding by Person Subject to General Litigation Restraint Order 13

Form 83E—Application for Leave to Commence Proceeding by Person Subject to General Litigation Restraint Order 15

Form 83F—Notice of Application for Leave to Proceed 17

Form 83G—Application for Leave to Apply to Vary or Revoke Litigation Restraint Order 18

Form 83H—Application to Vary or Revoke Litigation Restraint Order 19

Form 83I—Notice of Application to Vary or Revoke Litigation Restraint Order 20

Form 83J—Application for Leave to Appeal on Question of Law 21

Form 83K—Notice of Application For Leave to Appeal on a Question of Law 23

PART 3—AMENDMENT OF CHAPTER II 24

7 Application of Order 4 of Chapter II 24

PART 4—AMENDMENT OF CHAPTER VI 25

8 New Rule 1.12.2 of Chapter VI inserted 25═══════════════

ENDNOTES 26

STATUTORY RULES 2014

S.R. No. 206/2014

Supreme Court Act 1986Vexatious Proceedings Act 2014

Supreme Court (Vexatious Proceedings Amendments) Rules 2014

The Judges of the Supreme Court make the following Rules:

PART 1—PRELIMINARY

1 Object

The object of these Rules is to amend Chapters I, II and VI of the Rules of the Supreme Court to provide for matters in relation to proceedings under the Vexatious Proceedings Act 2014.

2 Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 88 of the Vexatious Proceedings Act 2014 and all other enabling powers.

3 Commencement

These Rules come into operation on 31 October 2014.

__________________

1

PART 2—AMENDMENT OF CHAPTER I

4 Limitations on authority

For Rule 77.02(3)(e) of the Supreme Court (General Civil Procedure) Rules 20051 substitute—

"(e) any application under section 28 or 54 of the Vexatious Proceedings Act 2014;".

5 New Order 83 inserted

After Order 82 of the Supreme Court (General Civil Procedure) Rules 2005 insert—

"ORDER 83

PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014

83.01 Definitions

An expression used in the Vexatious Proceedings Act 2014 has the same meaning in this Order as it has in that Act.

83.02 Application for leave to proceed under limited litigation restraint order

An application under section 50 of the Vexatious Proceedings Act 2014 by a person subject to a limited litigation restraint order for leave to make or continue an interlocutory application in the proceeding to which the limited litigation restraint order relates shall be in Form 83A.

83.03 Application for leave to proceed under extended litigation restraint order

An application under section 52(1) of the Vexatious Proceedings Act 2014 by a person subject to an extended litigation

Part 2—Amendment of Chapter I

Supreme Court (Vexatious Proceedings Amendments) Rules 2014S.R. No. 206/2014

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restraint order for leave to commence or continue a proceeding shall be—

(a) in Form 83B, in the case of an application to continue a proceeding; and

(b) in Form 83C, in the case of an application to commence a proceeding.

83.04 Application for leave to proceed under general litigation restraint order

An application under section 54 of the Vexatious Proceedings Act 2014 by a person subject to a general litigation restraint order for leave to commence or continue a proceeding shall be—

(a) in Form 83D, in the case of an application to continue a proceeding; and

(b) in Form 83E, in the case of an application to commence a proceeding.

83.05 Notice of application for leave to proceed

(1) Notice required to be given by a direction of the Court under section 60(2) of the Vexatious Proceedings Act 2014 shall be in Form 83F.

(2) The notice shall be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates.Note

Further requirements are stated in section 60(4) of the Vexatious Proceedings Act 2014.



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83.06 Application for leave to apply for variation or revocation of litigation restraint order

An application under section 65(1) of the Vexatious Proceedings Act 2014 by a person subject to a litigation restraint order for leave to apply to vary or revoke the order shall be in Form 83G.

83.07 Application to vary or revoke litigation restraint order

An application under section 65(1) of the Vexatious Proceedings Act 2014 by a person subject to a litigation restraint order to vary or revoke the order shall be in Form 83H.

83.08 Notice of application to vary or revoke litigation restraint order

(1) Notice required to be given by a direction of the Court under section 67(2) of the Vexatious Proceedings Act 2014 shall be in Form 83I.

(2) The notice shall be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates and in the preceding leave application.Note

Further requirements are stated in section 67(4) of the Vexatious Proceedings Act 2014.

83.09 Application for leave to appeal under Part 10 of Vexatious Proceedings Act 2014

(1) An application for leave to appeal a decision of a Victorian court or tribunal on a question of law under section 79 of the Vexatious



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Proceedings Act 2014 shall be made by filing an application in Form 83J.

(2) The application for leave to appeal shall be made—

(a) in the case of a decision of a Victorian court or tribunal other than the Supreme Court constituted by a Judge of the Court, to the Trial Division; and

(b) in the case of a decision of the Supreme Court constituted by a Judge of the Court, to the Court of Appeal.

(3) The application for leave to appeal shall be made within 28 days of the decision of the Victorian court or tribunal.

(4) As soon as practicable after filing the application for leave to appeal, the applicant shall deliver a sealed copy of the application to the registrar or other proper officer of the Victorian court or tribunal.

(5) At the time of filing the application for leave to appeal, the applicant shall file an affidavit in support of the application, together with the requisite exhibits.

(6) The affidavit shall set out the acts, facts, matters and circumstances relating to—

(a) the order of the Victorian court or tribunal; and

(b) the grounds in the proposed notice of appeal.

(7) There shall be included as exhibits to the affidavit—

(a) a copy of the application (if any) in relation to which the order of the Victorian court or tribunal was made,



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together with a copy of the affidavit (if any) that accompanied that application;

(b) a copy of the order from which the appeal is to be brought;

(c) a copy of any reasons given for the order; and

(d) a copy of the proposed notice of appeal—

or their absence as exhibits shall be accounted for in the affidavit.

(8) Subject to Part 10 of the Vexatious Proceedings Act 2014, a Judge of the Court or an Associate Judge may give any directions as to the further conduct of the application for leave to appeal including, if thought fit, a direction that the application and any appeal for which leave may be granted be determined together or at the same time.

83.10 Notice of application for leave to appeal

(1) Notice required to be given by a direction of the Court under section 81(2) or 82(2) of the Vexatious Proceedings Act 2014 shall be in Form 83K.

(2) The notice shall be accompanied by a copy of the affidavit in support of the application (including exhibits) and a copy of every order made or direction given by the Court in the application to which the notice relates.Note

Further requirements are stated in sections 81(4) and 82(4) of the Vexatious Proceedings Act 2014.

__________________".



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6 New Forms 83A to 83K inserted

After Form 82A of the Supreme Court (General Civil Procedure) Rules 2005 insert—

"FORM 83A

Rule 83.02

[heading as in originating process]

APPLICATION FOR LEAVE TO MAKE OR CONTINUE INTERLOCUTORY APPLICATION IN PROCEEDING BY PERSON

SUBJECT TO LIMITED LITIGATION RESTRAINT ORDER

(Section 50 of the Vexatious Proceedings Act 2014)

I, [name], a person subject to a limited litigation restraint order [identify the relevant order], apply under section 50 of the Vexatious Proceedings Act 2014 for leave to *make/*continue an interlocutory application in this proceeding.

In accordance with section 51 of that Act, I contend that the interlocutory application is not a vexatious application and that there are reasonable grounds for the application, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1. leave to *make/*continue the following interlocutory application [specify];

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;



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(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(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 solicitor], solicitor, of [business address of solicitor].

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

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

__________________



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FORM 83B

Rule 83.03

*[heading as in originating process]/*[heading in accordance with Rule 27.02]

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

ORDER

(Section 52(1) of the Vexatious Proceedings Act 2014)

I, [name], a person subject to an extended litigation restraint order [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding to which the order relates, namely [identify the relevant proceeding].

In accordance with section 53 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


1. leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];











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FILED [insert date].







Date:

Signed


__________________



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FORM 83C

Rule 83.03

IN THE SUPREME COURT OF VICTORIA

20 No.

AT

IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014.

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

ORDER

I, [name], a person subject to an extended litigation restraint order [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order.

In accordance with section 53 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


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];








11













Date:

Signed


__________________



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FORM 83D

Rule 83.04


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

ORDER


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


1. leave to continue *this proceeding/*a proceeding, namely [identify the proceeding];










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Date:

Signed


__________________



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FORM 83E

Rule 83.04


20 No.

AT

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

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 commence a proceeding.

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


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];









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Date:

Signed


__________________



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FORM 83F

Rule 83.05

[heading as used in application for leave to proceed]

NOTICE OF APPLICATION FOR LEAVE TO PROCEED


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 litigation restraint order, has made an application to the Court for leave to proceed as follows: [describe the relief sought in the application].Under section 60(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 Prothonotary's Office at the Supreme Court [insert address] Melbourne, Tel: [insert telephone number] Hours: 9:30 am to 4:00 pm each business day.


__________________



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FORM 83G

Rule 83.06


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


I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order/*a general litigation restraint order [identify the relevant order] apply for leave to apply to *vary/*revoke that order under section 65(1) 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. revocation of the order;









Date:

Signed




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__________________

FORM 83H

Rule 83.07


APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER


I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order/*a general litigation restraint order [identify the relevant order] apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.

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


*1. variation of the order in the following manner [specify variation of order sought];

*1. revocation of the order;









Date:

Signed



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__________________

FORM 83I

Rule 83.08

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

NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER


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 litigation restraint order, has made an application to the Court to *vary the litigation restraint order in the following manner [describe variation sought]/*revoke the litigation restraint order.Under section 67(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:

Any Questions? If you have any questions, please contact the Prothonotary's Office at the Supreme Court [insert address] Melbourne, Tel: [insert telephone number] Hours: 9:30 am to 4:00 pm each business day.




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__________________



21

FORM 83J

Rule 83.09


AT MELBOURNE

20 No.

IN THE

*TRIAL DIVISION/*COURT OF APPEAL

IN THE MATTER of an application by [name of applicant] for leave to appeal under section 79 of the Vexatious Proceedings Act 2014.

APPLICATION FOR LEAVE TO APPEAL ON QUESTION OF LAW


I, [name], apply for leave under section 79 of the Vexatious Proceedings Act 2014 to appeal on a question of law arising in the decision of [specify relevant Victorian court or tribunal which made the decision] in the matter of [state the title and file number of the proceeding in the Victorian court or tribunal] on [date] to—

*refuse leave to apply for a litigation restraint order;

*make a litigation restraint order or an acting in concert order;

*refuse to make a litigation restraint order or an acting in concert order;

*vary or revoke a litigation restraint order;

*refuse to vary or revoke a litigation restraint order;

*refuse an application for leave to proceed.

[In a case relating to a refusal of an application for leave to proceed, state whether there is any appeal restriction order in place and, if so, identify the order and its terms].


Filed with this application is an affidavit and exhibits in accordance with Rule 83.09(6) and (7) of Chapter I of the Rules of the Supreme Court.







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Date:

Signed


__________________



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FORM 83K

Rule 83.10

[heading as used in application for leave to appeal]

NOTICE OF APPLICATION FOR LEAVE TO APPEAL ON A QUESTION OF LAW

(Section *81/*82 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 under section *81(2)/*82(2) of the Act and if more than one, list separately].

TAKE NOTICE that [name] of [address], has made an application to the *Trial Division of the Supreme Court/*Court of Appeal for leave to appeal as follows: [describe the relief sought in the application].Under section *81(2)/*82(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to appeal be given to you.

This notice is accompanied by a copy of the application for leave to appeal, by a copy of the affidavit in support (and exhibits) 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 be heard in relation to the application but, under section 84 of the Act, the Court may determine the application for leave to appeal on the basis of written submissions without the appearance of parties.

Date:

Any Questions? If you have any questions, please contact the *Prothonotary's Office/*Court of Appeal Registry at the Supreme Court [insert address] Melbourne, Tel: [insert telephone number] Hours: 9:30 am to 4:00 pm each business day.


__________________".

__________________



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25

PART 3—AMENDMENT OF CHAPTER II

7 Application of Order 4 of Chapter II

(1) In Rule 4.01(1) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 20082, for "paragraph (2)" substitute "paragraphs (2) and (3)".

(2) After Rule 4.01(2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 insert—

"(3) This Order does not apply to an appeal, or an application for leave to appeal, under Part 10 of the Vexatious Proceedings Act 2014.".

__________________



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PART 4—AMENDMENT OF CHAPTER VI

8 New Rule 1.12.2 of Chapter VI inserted

After Rule 1.12.1 of the Supreme Court (Criminal Procedure) Rules 20083 insert—

"1.12.2 Procedure under the Vexatious Proceedings Act 2014

Order 83 of Chapter I applies with any necessary modification to, and in relation to, a proceeding to which these Rules relate.".

Dated: 30 October 2014

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

ROBERT REDLICH, J.A.

MARK WEINBERG, J.A.

SIMON P. WHELAN, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

K. WILLIAMS, J.

STEPHEN KAYE, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

BETTY JUNE KING, J.

ANTHONY CAVANOUGH, J.

JACK FORREST, J.

JAMES JUDD, J.

TERRY FORREST, J.

KARIN EMERTON, J.

M. L. SIFRIS, J.



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JOHN DIXON, J.

KATE McMILLAN, J.

GREG GARDE, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.═══════════════



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ENDNOTES

Endnotes


29

1 Rule 4: S.R. No. 148/2005. Reprint No. 5 as at 11 October 2013. Reprinted to S.R. No. 119/2013 and subsequently amended by S.R. Nos 146/2013, 147/2013, 148/2013 and 48/2014.

2 Rule 7: S.R. No. 94/2008. Reprint No. 1 as at 1 April 2012. Reprinted to S.R. No. 109/2009 and subsequently amended by S.R. No. 47/2014.

3 Rule 8: S.R. No. 12/2008. Reprint No. 1 as at 28 February 2011. Reprinted to S.R. No. 6/2011 and subsequently amended by S.R. Nos 120/2011, 39/2012, 48/2013 and 147/2013.

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