QLDIn ForceAct
Vexatious Proceedings Act 2005
sec.12Dismissing application for leave
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### sec.12 Dismissing application for leave
The Court must dismiss an application made under section 11 for leave to institute a proceeding if it considers—
the affidavit does not substantially comply with section 11 (3) ; or
the proceeding is a vexatious proceeding.
The Court may dismiss the application—
without an oral hearing; or
if the Court considers an oral hearing is necessary—even if the applicant does not appear at the hearing.
If the Court dismisses the application, the Court must give the applicant a copy of—
the order dismissing the application; and
the Court’s reasons.
s 12 amd 2017 No. 17 s 255
(sec.12-ssec.1) The Court must dismiss an application made under section 11 for leave to institute a proceeding if it considers— the affidavit does not substantially comply with section 11 (3) ; or the proceeding is a vexatious proceeding.
(sec.12-ssec.2) The Court may dismiss the application— without an oral hearing; or if the Court considers an oral hearing is necessary—even if the applicant does not appear at the hearing.
(sec.12-ssec.3) If the Court dismisses the application, the Court must give the applicant a copy of— the order dismissing the application; and the Court’s reasons.
- (a) the affidavit does not substantially comply with section 11 (3) ; or
- (b) the proceeding is a vexatious proceeding.
- (a) without an oral hearing; or
- (b) if the Court considers an oral hearing is necessary—even if the applicant does not appear at the hearing.
- (a) the order dismissing the application; and
- (b) the Court’s reasons.