11Application for leave to institute proceedings

11 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 Tasmania; or

(b) acting in concert with a person whom he or she knows is subject to an order mentioned in paragraph (a) .

(2)  The applicant may apply to the Court for leave to institute proceedings that are subject to the order.

(3)  The applicant must file an affidavit with the application that –

(a) lists all occasions on which the applicant has applied for leave under this section; 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.

(4)  The applicant must not serve a copy of the application or affidavit on any person unless –

(a) an order is made under section 13(1)(a) ; and

(b) the copy is served in accordance with the order.

(5)  The Court may dispose of the application by –

(a) dismissing the application under section 12 ; or

(b) granting the application under section 13 .

(6)  The applicant may not appeal from a decision disposing of the application.