Document ID: chunk:federal_register_of_legislation:C2012A00186:clause:3_88v
Version: federal_register_of_legislation:C2012A00186
Segment Type: clause
Provision Reference: sch 3 cl 88V
Character Range: 70131–71405

88V  Granting application for leave
 (1) Before the Federal Magistrates Court makes an order granting an application under section 88T for leave to institute a proceeding, it must:
 (a) order that the applicant serve:
 (i) the person against whom the applicant proposes to institute the proceeding; and
 (ii) any other person specified in the order;
  with a copy of the application and affidavit and a notice that the person is entitled to be heard on the application; and
 (b) give the applicant and each person described in subparagraph (a)(i) or (ii), on appearance, an opportunity to be heard at the hearing of the application.
 (2) At the hearing of the application, the Federal Magistrates Court may receive as evidence any record of evidence given, or affidavit filed, in any proceeding in any Australian court or tribunal in which the applicant is, or at any time was, involved either as a party or as a person acting in concert with a party.
 (3) The Federal Magistrates Court may make an order granting the application. The order may be made subject to the conditions the Federal Magistrates Court considers appropriate.
 (4) The Federal Magistrates Court may grant leave only if it is satisfied the proceeding is not a vexatious proceeding.

Judiciary Act 1903