13Granting application for leave

13 Granting application for leave

(1)  Before the Court grants an application made under section 11 for leave to institute proceedings, it must –

(a) order that the applicant serve each relevant person with a copy of the application and affidavit and a notice that the person is entitled to appear and be heard on the application; and

(b) give the applicant and each relevant person, on appearance, an opportunity to be heard at the hearing of the application.

(2)  At the hearing of the application, the Court may receive as evidence any record of evidence given, or affidavit filed, in any proceedings 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 Court may grant leave to institute particular proceedings or proceedings of a particular type (the "proceedings"), subject to the conditions the Court considers appropriate.

(4)  However, the Court may grant leave only if it is satisfied that the proceedings are not vexatious proceedings.

(5)  In this section –

relevant person, in relation to the applicant for leave to institute the proceedings, means such of the following persons as the Court may direct:

(a) the person against whom the applicant proposes to institute the proceedings;

(b) the Attorney-General;

(c) the Solicitor-General;

(d) the Director of Public Prosecutions;

(e) the Registrar of the Court if the Registrar applied for a vexatious proceedings order in relation to the applicant;

(f) any person mentioned in section 5(1)(d) , (e) , (f) or (g) who applied for a vexatious proceedings order in relation to the applicant;

(g) any other person the Court considers should be served.