QLDIn ForceAct
Vexatious Proceedings Act 2005
sec.11Application for leave to institute a proceeding
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### sec.11 Application for leave to institute a proceeding
This section applies to a person (the applicant ) who is—
subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland; or
acting in concert with another person who is subject to an order mentioned in paragraph (a) .
The applicant may apply to the Court for leave to institute a proceeding that is subject to the order.
The applicant must file an affidavit with the application that—
lists all occasions on which the applicant has applied for leave under—
this section; or
before the commencement of this section, the Vexatious Litigants Act 1981 , section 8 or 9 ; and
lists all other proceedings the applicant has instituted in Australia, including proceedings instituted before the commencement of this section; and
discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.
The applicant must not serve a copy of the application or affidavit on any person unless—
an order is made under section 13 (1) (a) ; and
the copy is served in accordance with the order.
The Court may dispose of the application by—
dismissing the application under section 12 ; or
granting the application under section 13 .
The applicant may not appeal from a decision disposing of the application.
(sec.11-ssec.1) This section applies to a person (the applicant ) who is— subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland; or acting in concert with another person who is subject to an order mentioned in paragraph (a) .
(sec.11-ssec.2) The applicant may apply to the Court for leave to institute a proceeding that is subject to the order.
(sec.11-ssec.3) The applicant must file an affidavit with the application that— lists all occasions on which the applicant has applied for leave under— this section; or before the commencement of this section, the Vexatious Litigants Act 1981 , section 8 or 9 ; and lists all other proceedings the applicant has instituted in Australia, including proceedings instituted before the commencement of this section; and discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.
(sec.11-ssec.4) The applicant must not serve a copy of the application or affidavit on any person unless— an order is made under section 13 (1) (a) ; and the copy is served in accordance with the order.
(sec.11-ssec.5) The Court may dispose of the application by— dismissing the application under section 12 ; or granting the application under section 13 .
(sec.11-ssec.6) The applicant may not appeal from a decision disposing of the application.
- (a) subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland; or
- (b) acting in concert with another person who is subject to an order mentioned in paragraph (a) .
- (a) lists all occasions on which the applicant has applied for leave under— (i) this section; or (ii) before the commencement of this section, the Vexatious Litigants Act 1981 , section 8 or 9 ; and
- (i) this section; or
- (ii) before the commencement of this section, the Vexatious Litigants Act 1981 , section 8 or 9 ; and
- (b) lists all other proceedings the applicant has instituted in Australia, including proceedings instituted before the commencement of this section; and
- (c) discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.
- (i) this section; or
- (ii) before the commencement of this section, the Vexatious Litigants Act 1981 , section 8 or 9 ; and
- (a) an order is made under section 13 (1) (a) ; and
- (b) the copy is served in accordance with the order.
- (a) dismissing the application under section 12 ; or
- (b) granting the application under section 13 .