242Application for leave to institute proceedings

#### 242 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 Federal Circuit and Family Court of Australia (Division 2); 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 Federal Circuit and Family Court of Australia (Division 2) 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 244(1)(a). If the order is made, the applicant must serve the copy in accordance with the order.