VIC Vexatious litigation restraint orders?

[Muxaul]

We have seen so many false allegation cases of family violence and people abuses the system to gain advantage. The VIC law actually has Vexatious litigation restraint orders (LRO) that one can apply in magistrate court to counter against this.

Family Violence Bench Book

Can anyone share some experience if you have successfully obtained such orders in the past?

 

[kimbapuppy]

Here's the form that I obtained from the Melb Magistrate Court to apply for the LRO which I couldn't find online:
Dropbox - Application to Declare A Person A Vexatious Litigant.pdf - Simplify your life

 

[Muxaul]

Here's the form that I obtained from the Melb Magistrate Court to apply for the LRO which I couldn't find online:
Dropbox - Application to Declare A Person A Vexatious Litigant.pdf - Simplify your life

Hey Kimbapuppy,

Thank you for uploading this. I have question after reading the file you uploaded. The form still writes "Grounds of application - The respondent has habitually, persistently and without reasonable grounds" . This is what the old law defines, not what current law says.

Pursuant to 3.1.2 - Making an Extended LRO,
"
The making of an Extended LRO relating to intervention order legislation contains three elements. The court must be satisfied that:

• The litigant has frequently commenced or continued;"

and

"Frequently:
...There is no precise test for the meaning of "frequently"; its meaning depends on its context. Basten JA in Potier v Attorney General for the State of NSW [2015] NSWCA 129 notes two matters with regard to "frequently". Firstly, it is a plainly lowered threshold compared to the previous test of "habitually and persistently". Secondly, beyond merely a numerical inquiry, the nature and quality of the proceeding must inform any assessment of frequency. On this second point, Basten JA makes the following observation: ..."

Are you sure that the court registrar has given you the up to date form?

 

[Muxaul]

This is what I found out:
http://classic.austlii.edu.au/au/legis/vic/consol_reg/mcsior2011651/forms.html

form 4 - APPLICATION FOR LEAVE TO APPLY FOR EXTENDED LITIGATION RESTRAINT ORDER
form 5 - APPLICATION FOR EXTENDED LITIGATION RESTRAINT ORDER

 

[kimbapuppy]

The form I received from the Ringwood Magistrate Court which is more aligned to what you posted:
Dropbox - Ringwood Magistrate - Litigation Restraint Order.pdf - Simplify your life

Interestingly differs from the one issued by Melb Mag Court.

 

[Muxaul]

The form I received from the Ringwood Magistrate Court which is more aligned to what you posted:
Dropbox - Ringwood Magistrate - Litigation Restraint Order.pdf - Simplify your life

Interestingly differs from the one issued by Melb Mag Court.

The first form is apparently dated back in 2011, as can be seen from its bottom left corner.

The court registrar giving you a dated form shows how unprofessional they are and/or how rare such application is filed in that particular court. I’d make a bold guess, probably zero filing since the change of law in 2014.

Did you file the LRO application? If you did, please keep us updated.

 

[kimbapuppy]

Found out from Ringwood Magistrate that no appointment time is required for lodgement of the LRO form.
Will keep you posted on how I go. Fingers crossed.

I could do with another pair of eyes on my application/affidavit if you are interested.

 

[Muxaul]

Found out from Ringwood Magistrate that no appointment time is required for lodgement of the LRO form.
Will keep you posted on how I go. Fingers crossed.

I could do with another pair of eyes on my application/affidavit if you are interested.

YES PLEASE! !

Apparently not many victims of false allegations had done this or even know about LRO. Your continuous input would be very valuable to all of us.

 

[kimbapuppy]

Registrar explained that the LRO is to declare someone as vexatious as per the form provided by the Melb Magistrate. So i am not sure whether LRO has the power to strike out IVOs.
Presently, appears the LRO and IVO are treated independently.

 

[kimbapuppy]

So ironic that a vexatious IVO can be applied and issued on the same day but a LRO have to wait to apply for leave, and even the leave application cannot be heard on the same day.