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VEXATIOUS PROCEEDINGS ACT 2014 (NO. 42 OF 2014)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Meaning of acting in concert
5. Meaning of interlocutory application
6. Application of Act
7. Act prevails to extent of inconsistency
8. Act does not limit certain other jurisdictions
9. Constitution of VCAT
PART 2--LIMITED LITIGATION RESTRAINT ORDERS
10. Applying for limited litigation restraint order
11. Court or VCAT may make limited litigation restraint order
12. Content of limited litigation restraint order
13. Effect of limited litigation restraint order
14. Limited litigation restraint order does not affect certain applications or proceedings
15. Duration of limited litigation restraint order
PART 3--EXTENDED LITIGATION RESTRAINT ORDERS
16. Application for extended litigation restraint order
17. Court or VCAT may make extended litigation restraint order
18. Application for extended litigation restraint order—intervention order legislation
19. Magistrates' Court or Children's Court may make extended litigation restraint order—intervention order legislation
20. Content of extended litigation restraint order made by Supreme Court
21. Content of extended litigation restraint order made by County Court
22. Content of extended litigation restraint order made by Magistrates' Court
23. Content of extended litigation restraint order made by Children's Court
24. Content of extended litigation restraint order made by VCAT
25. Effect of extended litigation restraint order on proceeding
26. Extended litigation restraint order does not affect certain proceedings
27. Duration of extended litigation restraint order
PART 4--GENERAL LITIGATION RESTRAINT ORDERS
28. Application for general litigation restraint order
29. Supreme Court may make general litigation restraint order
30. General litigation restraint order
31. Supreme Court may make extended litigation restraint order instead of general litigation restraint order
32. Effect of general litigation restraint order on proceeding
33. Duration of general litigation restraint order
PART 5--ACTING IN CONCERT ORDERS
34. Application for acting in concert order
35. Court or VCAT may make acting in concert order
36. Magistrates' Court or Children's Court may make acting in concert order—intervention order legislation
PART 6--APPEAL RESTRICTION ORDERS
37. Supreme Court may make an appeal restriction order
38. Court or VCAT may make appeal restriction order
39. Magistrates' Court or Children's Court may make appeal restriction order—intervention order legislation
40. Effect of appeal restriction order
41. Appeal restriction order does not affect other applications or proceedings
42. Duration of appeal restriction order
PART 7--GENERAL MATTERS RELATING TO ORDERS
Division 1--Applications for orders
43. Attorney-General may request documents from Victorian court or tribunal
44. Notice of application for order—intervention order legislation
Division 2--Making of orders
45. Certain persons must be given opportunity to be heard
46. Statement of reasons for order—intervention order legislation
Division 3--Copies of orders
47. Copy of order to be given to Attorney-General
48. Copy of order to be given to other Victorian courts and tribunals
49. Copy of order—intervention order legislation
PART 8--APPLICATIONS FOR LEAVE TO PROCEED
Division 1--Application for leave to proceed under limited litigation restraint order
50. Application for leave to make or continue interlocutory application
51. Court or VCAT may grant leave to make or continue interlocutory application
Division 2--Application for leave to proceed under extended litigation restraint order
52. Application for leave to commence or continue proceeding
53. Court or VCAT may grant leave to commence or continue proceeding
Division 3--Application for leave to proceed under general litigation restraint order
54. Application for leave to commence or continue proceeding
55. Victorian court or tribunal may grant leave to commence or continue proceeding
Division 4--General matters relating to applications for leave to proceed
56. Person must disclose certain matters
57. Refusal to accept application for leave to proceed
58. Victorian court or tribunal may dismiss application for leave to proceed
59. No notice of application to be given without direction or order
60. Direction as to giving notice of application
61. Direction as to giving notice of application—intervention order legislation
62. Victorian court or tribunal may give persons opportunity to be heard
63. Determining application for leave to proceed
64. Leave may be subject to conditions
PART 9--VARIATION OR REVOCATION OF LITIGATION RESTRAINT ORDER
Division 1--Court or VCAT may vary or revoke order
65. Application for variation or revocation of litigation restraint order
66. No notice of application to be given without direction or order
67. Direction as to notice of application
68. Direction as to notice of application—intervention order legislation
69. Court or VCAT may vary or revoke litigation restraint order
70. Court or VCAT may give persons opportunity to be heard
71. Determining application for variation or revocation
72. Notice of order to be given to Attorney-General
73. Notice of order to be given to Victorian courts and tribunals
Division 2--Variation or revocation application prevention orders
74. Court or VCAT may make variation or revocation application prevention order
75. Effect of variation or revocation application prevention order
76. Order does not affect other applications or proceedings
77. Duration of order
PART 10--APPEALS
78. Application of this Part
79. Appeal of decisions to which this Part applies
80. No notice of application to be given without direction or order
81. Direction as to giving notice of application
82. Direction as to giving notice of application—intervention order legislation
83. Court may give persons opportunity to be heard
84. Determining application for leave to appeal
PART 11--MISCELLANEOUS PROVISIONS
85. Attorney-General to publish copy of order
86. Publication of names—intervention order legislation
87. Annual reports
88. Rules of Court
89. Regulations
PART 12--TRANSITIONAL PROVISIONS
90. Application of Interpretation of Legislation Act 1984
91. Supreme Court Act 1986—orders declaring person to be vexatious litigant
92. Supreme Court Act 1986—applications not heard or determined before repeal of section 21
93. Supreme Court Act 1986—applications not determined before repeal of section 21
94. Family Violence Protection Act 2008—orders declaring person to be vexatious litigant
95. Family Violence Protection Act 2008—applications not heard and determined before repeal of Part 11
96. Family Violence Protection Act 2008—applications not determined before repeal of Part 11
97. Personal Safety Intervention Orders Act 2010—orders declaring person to be vexatious litigant
98. Personal Safety Intervention Orders Act 2010—Applications not heard and determined before repeal of Part 10
99. Personal Safety Intervention Orders Act 2010—applications not determined before repeal of Part 10
100. Regulations dealing with transitional matters
101. Power to resolve transitional difficulties in proceeding
PART 13--CONSEQUENTIAL AMENDMENTS
Division 1--Amendment of Supreme Court Act 1986
102. Vexatious litigants
103. Power to make Rules
Division 2--Amendment of County Court Act 1958
104. Power to make rules of practice
Division 3--Amendment of Magistrates' Court Act 1989
105. Jurisdiction of Family Violence Court Division
106. Jurisdiction of Neighbourhood Justice Division
107. Rules of Court
Division 4--Amendment of Victorian Civil and Administrative Tribunal Act 1998
108. Subject matter for rules
Division 5--Amendment of Children, Youth and Families Act 2005
109. Jurisdiction of Family Division
110. Jurisdiction of Neighbourhood Justice Division
111. Restriction on publication of proceedings
112. Rules
113. Practice notes
Division 6--Amendment of Family Violence Protection Act 2008
114. Definitions
115. Evidence given by children
116. Court may close proceeding to public
117. Alternative arrangements for proceeding
118. Special rules for cross-examination of protected witnesses
119. Who may appeal
120. Rehearing of certain proceeding
121. Restriction on presence of children
122. Costs
123. Restriction on publication of proceeding in Magistrates' Court
124. Exception to restriction on publication
125. Repeal of Part 11
Division 7--Amendment of Personal Safety Intervention Orders Act 2010
126. Definitions
127. Evidence given by children
128. Court may close proceeding to public
129. Alternative arrangements for proceeding
130. Who may appeal
131. Rehearing of certain proceeding
132. Restriction on presence of children
133. Costs
134. Restriction on publication of proceeding in Magistrates' Court
135. Exception to restriction on publication
136. Repeal of Part 10
137. Repeal of Part
ENDNOTES
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