Victorian Numbered Acts

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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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