Document ID: chunk:federal_register_of_legislation:C2023A00087:clause:5_102qae
Version: federal_register_of_legislation:C2023A00087
Segment Type: clause
Provision Reference: sch 5 cl 102QAE
Character Range: 69731–70858

102QAE  Application for leave to institute proceedings
 (1) This section applies to a person (the applicant) who is:
 (a) subject to a harmful proceedings order prohibiting the person from instituting further proceedings under this Act in a court having jurisdiction under this Act; or
 (b) acting in concert with another person who is subject to an order mentioned in paragraph (a).
 (2) The applicant may apply to the court for leave to institute proceedings that are subject to the order.
Note: The court may be required to give notice that the application has been made (see subsection 102QAC(7)).
 (3) The applicant must file an affidavit with the application that:
 (a) lists all the occasions on which the applicant has applied for leave under this section; and
 (b) discloses all relevant facts about the application, whether supporting or adverse to the application, that are known to the applicant.
 (4) The applicant must not serve a copy of the application or affidavit on a person unless an order is made under section 102QAG. If the order is made, the applicant must serve the copy in accordance with the order.