Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p78
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 78/100)
Character Range: 305543–308187

the vexatious proceedings order; and
 (c) the date the vexatious proceedings order was made; and
 (d) the orders made by the court.

10.24  Application for leave to institute proceedings—vexatious proceedings orders and harmful proceedings orders

Vexatious proceedings orders
 (1) An application under subsection 102QE(2) of the Family Law Act for leave to institute a proceeding that is subject to a vexatious proceedings order must be made:
 (a) in accordance with the approved form; and
 (b) without notice to any other person.
Note 1: See subsection 102QE(2) of the Family Law Act for the power for a person who is subject to a vexatious proceedings order to apply to the court to institute a proceeding. For proceedings in the Federal Circuit and Family Court of Australia (Division 2), see subsection 242(2) of the Federal Circuit and Family Court Act.
Note 2: See subsection 102QE(3) of the Family Law Act for the contents of the affidavit that must be filed with the application. For proceedings in the Federal Circuit and Family Court of Australia (Division 2), see subsection 242(3) of the Federal Circuit and Family Court Act.
 (2) On the first court date for the application, the court may:
 (a) dismiss the application; or
 (b) do the following:
 (i) order the person to serve the application and affidavit;
 (ii) order the person to file and serve any further affidavits in support of the application;
 (iii) list the application for hearing.

Harmful proceedings orders
 (3) An application under subsection 102QAE(2) of the Family Law Act for leave to institute a proceeding that is subject to a harmful proceedings order:
 (a) must be made in accordance with the approved form supported by an affidavit; and
 (b) must not be served on a person unless the application for leave is granted, and an order is made, under section 102QAG of the Family Law Act.
Note 1: See subsection 102QAC(7) of the Family Law Act for the requirement for the court to make an order as to whether the other party is to be notified by the court:
(a) if a party who is the subject of a harmful proceedings order makes an application for leave under section 102QAE of the Family Law Act; or
(b) if the application is dismissed—that the application has been dismissed.
Note 2: See subsection 102QAE(2) of the Family Law Act for the power for a person who is subject to a harmful proceedings order to apply to the court to institute a proceeding.
Note 3: See subsection 102QAE(3) of the Family Law Act for the contents of the affidavit that must be filed with the application.
 (4) On the first court date for the application, the court may:
 (a) dismiss