Document ID: chunk:federal_register_of_legislation:C2012A00186:clause:3_77rq
Version: federal_register_of_legislation:C2012A00186
Segment Type: clause
Provision Reference: sch 3 cl 77RQ
Character Range: 78685–79877

77RQ  Application for leave to institute proceedings
 (1) This section applies to a person (the applicant) who is:
 (a) subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in the High Court; 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 High Court for leave to institute a proceeding that is subject to the order.
 (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) lists all other proceedings the applicant has instituted in any Australian court or tribunal, including proceedings instituted before the commencement of this section; and
 (c) 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 paragraph 77RS(1)(a). If the order is made, the applicant must serve the copy in accordance with the order.