52Application for leave to commence or continue proceeding

52 Application for leave to commence or continue proceeding (1) Subject to subsection (2), a person who is subject to an extended litigation restraint order may apply to a Victorian court or tribunal for leave to commence or continue a proceeding— (a) against a person or other entity protected by the order; or (b) in respect of a matter described in the order. (2) A person who is subject to an extended litigation restraint order that relates to intervention order legislation may apply to the Magistrates' Court or the Children's Court for leave to commence or continue a proceeding— (a) against a person protected by the order or his or her child; or (b) in respect of a matter described in the order. (3) Subject to subsection (4), an application under subsection (1) or (2) must be made to the Victorian court or tribunal that made the extended litigation restraint order. (4) If the extended litigation restraint order was made by the Supreme Court and the order does not provide otherwise, an application under subsection (1) must be made to the Victorian court or tribunal that would hear the proceeding to which the application for leave relates. (5) Subsection (1) applies despite anything to the contrary in the extended litigation restraint order. **S. 53 amended by No. 21/2015 s. 3(Sch. 1 item 60).**