Vexatious Proceedings Act 2014

This page provides general information and shouldn't be considered legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.

The Vexatious Proceedings Act 2014 introduces ways to manage and prevent vexatious litigation in courts and tribunals.

Cases we can hear

• An application under section 10 of the Act for a limited litigation restraint order or an application under section 16 for an extended litigation restraint order. Only the following people can apply:
  • the Attorney-General
  • a party under a vexatious application – if they ask VCAT for permission to apply and we give it
  • someone with sufficient interest in the matter – if they ask VCAT for permission to apply and we give it.
• An application under section 34 of the Act for an order against someone who is acting in concert with a person under a litigation restraint order. Only the following people can apply:
  • Someone who applied for the litigation restraint order to which that other person is under.
  • A person named in an interlocutory application or a proceeding that, if made or commenced by the person who is subject to the litigation restraint order, would breach the terms of that litigation restraint order.
• An application under section 50 for permission (leave) to make or continue an interlocutory application if the person is subject to a limited litigation restraint order. 
• An application under section 52 for permission to commence or continue a proceeding if the person is subject to an extended litigation restraint order. 
• An application under section 65 for a variation or revocation of a litigation restraint order. You must request permission from VCAT to apply.

Legislation that gives VCAT the power to hear these applications

Sections 10, 16, 34, 50, 52 and 65 of the Vexatious Proceedings Act 2014

What can VCAT order?

VCAT may make the following orders:

• a limited litigation restraint order
• an extended litigation restraint order
• an order against a person who is acting in concert with a person who is subject to a litigation restraint order
• an order giving permission (granting leave) to someone who is subject to a limited litigation restraint order to make or continue an interlocutory application in a proceeding. If VCAT grants permission, the applicant who applied for leave must give notice to the people listed in section 60(2) of the Act. Notice must be given according to section 60(4) of the Act and Rule 11.02 of Victorian Civil and Administrative Tribunal Rules 2018.
• an order giving permission for a person who is subject to an extended litigation restraint order to commence or continue a proceeding
• an order varying or revoking a litigation restraint order. If VCAT allows an application to vary or revoke a litigation restraint order, to proceed, the applicant that made the applicant must give notice to the people listed in section 67(2) of the Act. Notice must be given according to 67(4) of the Act and Rule 11.03 of Victorian Civil and Administrative Tribunal Rules 2018.

VCAT also has power to make certain orders on its own motion. 

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We can't give you legal advice. This means we can't tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you're unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You don't need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.