Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p14
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 32061–34616

apply for a vexatious proceedings order, see paragraphs 77RN(3)(a) to (d) of the Judiciary Act 1903.
 6.06.2 The application must be:
 (a) accompanied by an affidavit in support of the application; and
 (b) served:
 (i) at least 3 days before the day when the application is to be heard; or
 (ii) within a shorter period ordered by the Court or a Justice.
 6.06.3 An application under subsection 77RQ(2) of the Judiciary Act 1903 for leave to institute a proceeding that is subject to a vexatious proceedings order must be in Form 30.
Note: See subsection 77RQ(4) of the Judiciary Act 1903 in relation to service of the application.

6.07  Refusal to issue or file a document
 6.07.1 If a writ, application, summons, affidavit or other document (the document) appears to a Registrar on its face to be an abuse of the process of the Court, to be frivolous or vexatious or to fall outside the jurisdiction of the Court, the Registrar may seek the direction of a Justice.
 6.07.2 The Justice may direct the Registrar to issue or file the document, or to refuse to issue or file the document, without the leave of a Justice first had and obtained by the party seeking to issue or file the document.
 6.07.3 An application for leave for the Registrar to issue, or for leave to file, a document that is subject to the direction of a Justice under subrule 6.07.2:
 (a) must be in Form 31; and
 (b) must not be served on any person, unless the Court or a Justice otherwise orders.

Part 7—Officers

7.01  The Marshal
7.01.1  Where the Marshal is required to serve or execute any document or process issued from the Court the Marshal personally or by a deputy shall serve it and shall make any return of the service or execution that is required by the instrument.
7.01.2  A return of service or execution of a document or process must be made by filing the document or process with a certificate, signed by the Marshal or deputy, stating what was done.

7.02  Registrars
  The Principal Registrar shall:
 (a) countersign all Rules of Court made by the Justices;
 (b) cause copies of Rules of Court certified by the Principal Registrar to be sent to the Attorney‑General's Department; and
 (c) keep the originals of all Rules of Court whether made before or after these Rules in safe custody.

Part 8—Judgment and orders

8.01  Form of judgments and orders
8.01.1  A judgment shall be in Form 2.
8.01.2  An order shall be in Form 3.

8.02  Effective date
Subject to any contrary order of the Court or a Justice a judgment or order, whether of the Full Court or