Victorian Numbered Acts Victorian Numbered Acts(1) A person who has been declared a vexatious litigant under this Part or under Part 11 of the Family Violence Protection Act 2008 may appeal under Division 11 of Part 3 to the County Court or the Supreme Court against a decision referred to in section 91(2)(c) only if that Court grants leave for the appeal.
Note
Section 91 provides for appeals in relation to personal safety intervention orders. For the right of a person to appeal against an order declaring the person to be a vexatious litigant see section 167.
(2) If an application for leave to appeal is made to the County Court or the Supreme Court, the appropriate registrar for the court that made the order declaring the person to be a vexatious litigant must—
(a) file in the County Court or the Supreme Court (as the case may be) a statement of the court's reasons for declaring the person to be a vexatious litigant; and
(b) serve a copy of the statement and a copy of the application on—
(i) the Attorney-General; and
(ii) the protected person in relation to the decision the subject of the appeal; and
(iii) if the protected person is not the person protected by the order declaring a person to be a vexatious litigant, the person protected by that order.
(3) The protected person is entitled to be heard by the County Court or the Supreme Court on the application even if the protected person was not a party to the proceeding in which the order declaring the person to be a vexatious litigant was made.
(4) In deciding whether to grant leave for an appeal under subsection (1), the County Court or Supreme Court must have regard to all the circumstances of the case, including the statement of reasons filed by the appropriate registrar for the court that made the order declaring the person to be a vexatious litigant.