{"id":"qld:act-2005-044","name":"Vexatious Proceedings Act 2005","slug":"vexatious-proceedings-act-2005","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"44 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30390,"registerId":"qld-act-2005-044-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Vexatious Proceedings Act 2005 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Inherent jurisdiction and powers not affected","content":"### sec.4 Inherent jurisdiction and powers not affected\n\nThis Act does not affect any inherent jurisdiction of a court or tribunal or any powers a court or tribunal has other than under this Act to restrict vexatious proceedings.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Vexatious proceedings orders","content":"# Vexatious proceedings orders","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Applications for vexatious proceedings orders","content":"### sec.5 Applications for vexatious proceedings orders\n\nAny of the following persons may apply to the Court for a vexatious proceedings order in relation to a person mentioned in section 6 (1) (a) or (b) —\nthe Attorney-General;\nthe Crown solicitor;\nthe registrar of the Court;\na person against whom another person has instituted or conducted a vexatious proceeding;\na person who has a sufficient interest in the matter.\nAn application may be made by a person mentioned in subsection (1) (d) or (e) only with the leave of the Court.\n(sec.5-ssec.1) Any of the following persons may apply to the Court for a vexatious proceedings order in relation to a person mentioned in section 6 (1) (a) or (b) — the Attorney-General; the Crown solicitor; the registrar of the Court; a person against whom another person has instituted or conducted a vexatious proceeding; a person who has a sufficient interest in the matter.\n(sec.5-ssec.2) An application may be made by a person mentioned in subsection (1) (d) or (e) only with the leave of the Court.\n- (a) the Attorney-General;\n- (b) the Crown solicitor;\n- (c) the registrar of the Court;\n- (d) a person against whom another person has instituted or conducted a vexatious proceeding;\n- (e) a person who has a sufficient interest in the matter.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Making vexatious proceedings orders","content":"### sec.6 Making vexatious proceedings orders\n\nThis section applies if the Court is satisfied that a person is—\na person who has frequently instituted or conducted vexatious proceedings in Australia; or\na person who, acting in concert with a person who is subject to a vexatious proceedings order or who is mentioned in paragraph (a) , has instituted or conducted a vexatious proceeding in Australia.\nThe Court may make any or all of the following orders—\nan order staying all or part of any proceeding in Queensland already instituted by the person;\nan order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland;\nany other order the Court considers appropriate in relation to the person.\nan order directing that the person may only file documents by mail\nan order to give security for costs\nan order for costs\nThe Court may make a vexatious proceedings order on its own initiative or on the application of a person mentioned in section 5 (1) .\nThe Court must not make a vexatious proceedings order in relation to a person without hearing the person or giving the person an opportunity of being heard.\nFor subsection (1) , the Court may have regard to—\nproceedings instituted or conducted in any Australian court or tribunal, including proceedings instituted or conducted before the commencement of this section; and\norders made by any Australian court or tribunal, including orders made before the commencement of this section.\n(sec.6-ssec.1) This section applies if the Court is satisfied that a person is— a person who has frequently instituted or conducted vexatious proceedings in Australia; or a person who, acting in concert with a person who is subject to a vexatious proceedings order or who is mentioned in paragraph (a) , has instituted or conducted a vexatious proceeding in Australia.\n(sec.6-ssec.2) The Court may make any or all of the following orders— an order staying all or part of any proceeding in Queensland already instituted by the person; an order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland; any other order the Court considers appropriate in relation to the person. an order directing that the person may only file documents by mail an order to give security for costs an order for costs\n(sec.6-ssec.3) The Court may make a vexatious proceedings order on its own initiative or on the application of a person mentioned in section 5 (1) .\n(sec.6-ssec.4) The Court must not make a vexatious proceedings order in relation to a person without hearing the person or giving the person an opportunity of being heard.\n(sec.6-ssec.5) For subsection (1) , the Court may have regard to— proceedings instituted or conducted in any Australian court or tribunal, including proceedings instituted or conducted before the commencement of this section; and orders made by any Australian court or tribunal, including orders made before the commencement of this section.\n- (a) a person who has frequently instituted or conducted vexatious proceedings in Australia; or\n- (b) a person who, acting in concert with a person who is subject to a vexatious proceedings order or who is mentioned in paragraph (a) , has instituted or conducted a vexatious proceeding in Australia.\n- (a) an order staying all or part of any proceeding in Queensland already instituted by the person;\n- (b) an order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland;\n- (c) any other order the Court considers appropriate in relation to the person. Examples of another order for paragraph (c) — • an order directing that the person may only file documents by mail • an order to give security for costs • an order for costs\n- • an order directing that the person may only file documents by mail\n- • an order to give security for costs\n- • an order for costs\n- • an order directing that the person may only file documents by mail\n- • an order to give security for costs\n- • an order for costs\n- (a) proceedings instituted or conducted in any Australian court or tribunal, including proceedings instituted or conducted before the commencement of this section; and\n- (b) orders made by any Australian court or tribunal, including orders made before the commencement of this section.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Order may be varied or set aside","content":"### sec.7 Order may be varied or set aside\n\nThe Court may, by order, vary or set aside a vexatious proceedings order.\nThe Court may make the order on its own initiative or on the application of—\nthe person subject to the vexatious proceedings order; or\na person mentioned in section 5 (1) .\n(sec.7-ssec.1) The Court may, by order, vary or set aside a vexatious proceedings order.\n(sec.7-ssec.2) The Court may make the order on its own initiative or on the application of— the person subject to the vexatious proceedings order; or a person mentioned in section 5 (1) .\n- (a) the person subject to the vexatious proceedings order; or\n- (b) a person mentioned in section 5 (1) .","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Order may be reinstated","content":"### sec.8 Order may be reinstated\n\nThis section applies if—\nthe Court sets aside a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Queensland; and\nthe Court is satisfied that, within 5 years of the vexatious proceedings order being set aside—\nthe person has instituted or conducted a vexatious proceeding in an Australian court or tribunal; or\nthe person has acted in concert with another person who has instituted or conducted a vexatious proceeding in an Australian court or tribunal.\nThe Court may—\nby order, reinstate the vexatious proceedings order; and\nmake any other order the Court considers appropriate in relation to the person, including, for example, an order varying the vexatious proceedings order.\nThe Court may make an order under subsection (2) on its own initiative or on the application of a person mentioned in section 5 (1) .\nThe Court must not reinstate a vexatious proceedings order in relation to a person without hearing the person or giving the person an opportunity of being heard.\n(sec.8-ssec.1) This section applies if— the Court sets aside a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Queensland; and the Court is satisfied that, within 5 years of the vexatious proceedings order being set aside— the person has instituted or conducted a vexatious proceeding in an Australian court or tribunal; or the person has acted in concert with another person who has instituted or conducted a vexatious proceeding in an Australian court or tribunal.\n(sec.8-ssec.2) The Court may— by order, reinstate the vexatious proceedings order; and make any other order the Court considers appropriate in relation to the person, including, for example, an order varying the vexatious proceedings order.\n(sec.8-ssec.3) The Court may make an order under subsection (2) on its own initiative or on the application of a person mentioned in section 5 (1) .\n(sec.8-ssec.4) The Court must not reinstate a vexatious proceedings order in relation to a person without hearing the person or giving the person an opportunity of being heard.\n- (a) the Court sets aside a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Queensland; and\n- (b) the Court is satisfied that, within 5 years of the vexatious proceedings order being set aside— (i) the person has instituted or conducted a vexatious proceeding in an Australian court or tribunal; or (ii) the person has acted in concert with another person who has instituted or conducted a vexatious proceeding in an Australian court or tribunal.\n- (i) the person has instituted or conducted a vexatious proceeding in an Australian court or tribunal; or\n- (ii) the person has acted in concert with another person who has instituted or conducted a vexatious proceeding in an Australian court or tribunal.\n- (i) the person has instituted or conducted a vexatious proceeding in an Australian court or tribunal; or\n- (ii) the person has acted in concert with another person who has instituted or conducted a vexatious proceeding in an Australian court or tribunal.\n- (a) by order, reinstate the vexatious proceedings order; and\n- (b) make any other order the Court considers appropriate in relation to the person, including, for example, an order varying the vexatious proceedings order.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Notification and register of orders","content":"### sec.9 Notification and register of orders\n\nThis section applies in relation to—\na vexatious proceedings order; or\nan order varying or setting aside a vexatious proceedings order; or\nan order reinstating a vexatious proceedings order; or\nan order made under section 8 (2) (b) .\nThe registrar of the Court must arrange for a copy of the order to be—\npublished in the gazette within 14 days after the order is made; and\nentered in a publicly available register kept for the purposes of this Act in the registry of the Court at Brisbane within 7 days after the order is made.\nThe registrar of the Court may also arrange for details of the order to be published in another way.\npublication on the Court’s website\nThe registrar of the Court may remove a copy of an order from the register mentioned in subsection (2) (b) if the registrar is satisfied that the person in relation to whom the order was made has died.\ns 9 amd 2007 No. 37 s 161\n(sec.9-ssec.1) This section applies in relation to— a vexatious proceedings order; or an order varying or setting aside a vexatious proceedings order; or an order reinstating a vexatious proceedings order; or an order made under section 8 (2) (b) .\n(sec.9-ssec.2) The registrar of the Court must arrange for a copy of the order to be— published in the gazette within 14 days after the order is made; and entered in a publicly available register kept for the purposes of this Act in the registry of the Court at Brisbane within 7 days after the order is made.\n(sec.9-ssec.3) The registrar of the Court may also arrange for details of the order to be published in another way. publication on the Court’s website\n(sec.9-ssec.4) The registrar of the Court may remove a copy of an order from the register mentioned in subsection (2) (b) if the registrar is satisfied that the person in relation to whom the order was made has died.\n- (a) a vexatious proceedings order; or\n- (b) an order varying or setting aside a vexatious proceedings order; or\n- (c) an order reinstating a vexatious proceedings order; or\n- (d) an order made under section 8 (2) (b) .\n- (a) published in the gazette within 14 days after the order is made; and\n- (b) entered in a publicly available register kept for the purposes of this Act in the registry of the Court at Brisbane within 7 days after the order is made.","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Particular consequences of vexatious proceedings orders","content":"# Particular consequences of vexatious proceedings orders","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Vexatious proceedings order prohibiting institution of proceedings","content":"### sec.10 Vexatious proceedings order prohibiting institution of proceedings\n\nIf the Court makes a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Queensland—\nthe person may not institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 ; and\nanother person may not, acting in concert with the person, institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 .\nIf a proceeding is instituted in contravention of subsection (1) , the proceeding is permanently stayed.\nWithout limiting subsection (2) , the Court, or the court or tribunal in which the proceeding is instituted, may make—\nan order declaring that a proceeding is a proceeding to which subsection (2) applies; and\nany other order in relation to the stayed proceeding it considers appropriate, including an order for costs.\nThe Court, or the court or tribunal in which the proceeding is instituted, may make an order under subsection (3) on its own initiative or on the application of a person mentioned in section 5 (1) .\n(sec.10-ssec.1) If the Court makes a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Queensland— the person may not institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 ; and another person may not, acting in concert with the person, institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 .\n(sec.10-ssec.2) If a proceeding is instituted in contravention of subsection (1) , the proceeding is permanently stayed.\n(sec.10-ssec.3) Without limiting subsection (2) , the Court, or the court or tribunal in which the proceeding is instituted, may make— an order declaring that a proceeding is a proceeding to which subsection (2) applies; and any other order in relation to the stayed proceeding it considers appropriate, including an order for costs.\n(sec.10-ssec.4) The Court, or the court or tribunal in which the proceeding is instituted, may make an order under subsection (3) on its own initiative or on the application of a person mentioned in section 5 (1) .\n- (a) the person may not institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 ; and\n- (b) another person may not, acting in concert with the person, institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 .\n- (a) an order declaring that a proceeding is a proceeding to which subsection (2) applies; and\n- (b) any other order in relation to the stayed proceeding it considers appropriate, including an order for costs.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application for leave to institute a proceeding","content":"### sec.11 Application for leave to institute a proceeding\n\nThis section applies to a person (the applicant ) who is—\nsubject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland; or\nacting in concert with another person who is subject to an order mentioned in paragraph (a) .\nThe applicant may apply to the Court for leave to institute a proceeding that is subject to the order.\nThe applicant must file an affidavit with the application that—\nlists all occasions on which the applicant has applied for leave under—\nthis section; or\nbefore the commencement of this section, the Vexatious Litigants Act 1981 , section 8 or 9 ; and\nlists all other proceedings the applicant has instituted in Australia, including proceedings instituted before the commencement of this section; and\ndiscloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.\nThe applicant must not serve a copy of the application or affidavit on any person unless—\nan order is made under section 13 (1) (a) ; and\nthe copy is served in accordance with the order.\nThe Court may dispose of the application by—\ndismissing the application under section 12 ; or\ngranting the application under section 13 .\nThe applicant may not appeal from a decision disposing of the application.\n(sec.11-ssec.1) This section applies to a person (the applicant ) who is— subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland; or acting in concert with another person who is subject to an order mentioned in paragraph (a) .\n(sec.11-ssec.2) The applicant may apply to the Court for leave to institute a proceeding that is subject to the order.\n(sec.11-ssec.3) The applicant must file an affidavit with the application that— lists all occasions on which the applicant has applied for leave under— this section; or before the commencement of this section, the Vexatious Litigants Act 1981 , section 8 or 9 ; and lists all other proceedings the applicant has instituted in Australia, including proceedings instituted before the commencement of this section; and discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.\n(sec.11-ssec.4) The applicant must not serve a copy of the application or affidavit on any person unless— an order is made under section 13 (1) (a) ; and the copy is served in accordance with the order.\n(sec.11-ssec.5) The Court may dispose of the application by— dismissing the application under section 12 ; or granting the application under section 13 .\n(sec.11-ssec.6) The applicant may not appeal from a decision disposing of the application.\n- (a) subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland; or\n- (b) acting in concert with another person who is subject to an order mentioned in paragraph (a) .\n- (a) lists all occasions on which the applicant has applied for leave under— (i) this section; or (ii) before the commencement of this section, the Vexatious Litigants Act 1981 , section 8 or 9 ; and\n- (i) this section; or\n- (ii) before the commencement of this section, the Vexatious Litigants Act 1981 , section 8 or 9 ; and\n- (b) lists all other proceedings the applicant has instituted in Australia, including proceedings instituted before the commencement of this section; and\n- (c) discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.\n- (i) this section; or\n- (ii) before the commencement of this section, the Vexatious Litigants Act 1981 , section 8 or 9 ; and\n- (a) an order is made under section 13 (1) (a) ; and\n- (b) the copy is served in accordance with the order.\n- (a) dismissing the application under section 12 ; or\n- (b) granting the application under section 13 .","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Dismissing application for leave","content":"### sec.12 Dismissing application for leave\n\nThe Court must dismiss an application made under section 11 for leave to institute a proceeding if it considers—\nthe affidavit does not substantially comply with section 11 (3) ; or\nthe proceeding is a vexatious proceeding.\nThe Court may dismiss the application—\nwithout an oral hearing; or\nif the Court considers an oral hearing is necessary—even if the applicant does not appear at the hearing.\nIf the Court dismisses the application, the Court must give the applicant a copy of—\nthe order dismissing the application; and\nthe Court’s reasons.\ns 12 amd 2017 No. 17 s 255\n(sec.12-ssec.1) The Court must dismiss an application made under section 11 for leave to institute a proceeding if it considers— the affidavit does not substantially comply with section 11 (3) ; or the proceeding is a vexatious proceeding.\n(sec.12-ssec.2) The Court may dismiss the application— without an oral hearing; or if the Court considers an oral hearing is necessary—even if the applicant does not appear at the hearing.\n(sec.12-ssec.3) If the Court dismisses the application, the Court must give the applicant a copy of— the order dismissing the application; and the Court’s reasons.\n- (a) the affidavit does not substantially comply with section 11 (3) ; or\n- (b) the proceeding is a vexatious proceeding.\n- (a) without an oral hearing; or\n- (b) if the Court considers an oral hearing is necessary—even if the applicant does not appear at the hearing.\n- (a) the order dismissing the application; and\n- (b) the Court’s reasons.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Granting application for leave","content":"### sec.13 Granting application for leave\n\nBefore the Court grants an application made under section 11 for leave to institute a proceeding, it must—\norder 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\ngive the applicant and each relevant person, on appearance, an opportunity to be heard at the hearing of the application.\nAt the hearing of the application, the Court may receive as evidence any record of evidence given, or affidavit filed, in any proceeding 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.\nThe Court may grant leave to institute a particular proceeding or a proceeding of a particular type (the proceeding ), subject to the conditions the Court considers appropriate.\nHowever, the Court may grant leave only if it is satisfied that the proceeding is not a vexatious proceeding.\nIn this section—\nrelevant person , in relation to the applicant for leave to institute the proceeding, means each of the following persons—\nthe person against whom the applicant proposes to institute the proceeding;\nthe Attorney-General;\nthe Crown solicitor;\nthe registrar of the Court if the registrar applied for a vexatious proceedings order in relation to the applicant;\nany person mentioned in section 5 (1) (d) or (e) —\nwho, with the leave of the Court, applied for a vexatious proceedings order in relation to the applicant; and\nwho the Court considers should be served;\nany person—\nwho made an application in relation to the applicant under the Vexatious Litigants Act 1981 , section 3 (2) or 5 (2) before the commencement of this section; and\nwho the Court considers should be served.\n(sec.13-ssec.1) Before the Court grants an application made under section 11 for leave to institute a proceeding, it must— 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 give the applicant and each relevant person, on appearance, an opportunity to be heard at the hearing of the application.\n(sec.13-ssec.2) At the hearing of the application, the Court may receive as evidence any record of evidence given, or affidavit filed, in any proceeding 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.\n(sec.13-ssec.3) The Court may grant leave to institute a particular proceeding or a proceeding of a particular type (the proceeding ), subject to the conditions the Court considers appropriate.\n(sec.13-ssec.4) However, the Court may grant leave only if it is satisfied that the proceeding is not a vexatious proceeding.\n(sec.13-ssec.5) In this section— relevant person , in relation to the applicant for leave to institute the proceeding, means each of the following persons— the person against whom the applicant proposes to institute the proceeding; the Attorney-General; the Crown solicitor; the registrar of the Court if the registrar applied for a vexatious proceedings order in relation to the applicant; any person mentioned in section 5 (1) (d) or (e) — who, with the leave of the Court, applied for a vexatious proceedings order in relation to the applicant; and who the Court considers should be served; any person— who made an application in relation to the applicant under the Vexatious Litigants Act 1981 , section 3 (2) or 5 (2) before the commencement of this section; and who the Court considers should be served.\n- (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\n- (b) give the applicant and each relevant person, on appearance, an opportunity to be heard at the hearing of the application.\n- (a) the person against whom the applicant proposes to institute the proceeding;\n- (b) the Attorney-General;\n- (c) the Crown solicitor;\n- (d) the registrar of the Court if the registrar applied for a vexatious proceedings order in relation to the applicant;\n- (e) any person mentioned in section 5 (1) (d) or (e) — (i) who, with the leave of the Court, applied for a vexatious proceedings order in relation to the applicant; and (ii) who the Court considers should be served;\n- (i) who, with the leave of the Court, applied for a vexatious proceedings order in relation to the applicant; and\n- (ii) who the Court considers should be served;\n- (f) any person— (i) who made an application in relation to the applicant under the Vexatious Litigants Act 1981 , section 3 (2) or 5 (2) before the commencement of this section; and (ii) who the Court considers should be served.\n- (i) who made an application in relation to the applicant under the Vexatious Litigants Act 1981 , section 3 (2) or 5 (2) before the commencement of this section; and\n- (ii) who the Court considers should be served.\n- (i) who, with the leave of the Court, applied for a vexatious proceedings order in relation to the applicant; and\n- (ii) who the Court considers should be served;\n- (i) who made an application in relation to the applicant under the Vexatious Litigants Act 1981 , section 3 (2) or 5 (2) before the commencement of this section; and\n- (ii) who the Court considers should be served.","sortOrder":15},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional provisions for repealed Vexatious Litigants Act 1981","content":"# Transitional provisions for repealed Vexatious Litigants Act 1981","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.14 Definitions for pt 4\n\nIn this part—\ncommencement means the commencement of this section.\nrepealed Act means the Vexatious Litigants Act 1981 .","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Repealed Act continues to apply to applications made before commencement","content":"### sec.15 Repealed Act continues to apply to applications made before commencement\n\nThis section applies if—\nan application has been made under the repealed Act; and\nimmediately before the commencement, the application has not been decided.\nThe repealed Act continues to apply in relation to deciding the application as if the Vexatious Proceedings Act 2005 had not been enacted.\n(sec.15-ssec.1) This section applies if— an application has been made under the repealed Act; and immediately before the commencement, the application has not been decided.\n(sec.15-ssec.2) The repealed Act continues to apply in relation to deciding the application as if the Vexatious Proceedings Act 2005 had not been enacted.\n- (a) an application has been made under the repealed Act; and\n- (b) immediately before the commencement, the application has not been decided.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Orders under repealed Act taken to be orders under this Act","content":"### sec.16 Orders under repealed Act taken to be orders under this Act\n\nAn order under section 3 of the repealed Act that is in force immediately before the commencement is taken to be a vexatious proceedings order for the purposes of this Act.\nAn order under section 3 of the repealed Act that is made or reinstated on or after the commencement because of section 15 is taken to be a vexatious proceedings order for the purposes of this Act.\nSee the Vexatious Litigants Act 1981 , section 5 (Reinstatement of declaration of vexatious litigant).\nIf—\nan order under section 4 of the repealed Act that revokes another order is in force immediately before the commencement; or\nan order under section 4 of the repealed Act that revokes another order is made on or after the commencement because of section 15;\nthen—\nfor the purposes of this Act, the other order is taken to be a vexatious proceedings order that has been set aside; and\nsection 8 applies in relation to the other order.\n(sec.16-ssec.1) An order under section 3 of the repealed Act that is in force immediately before the commencement is taken to be a vexatious proceedings order for the purposes of this Act.\n(sec.16-ssec.2) An order under section 3 of the repealed Act that is made or reinstated on or after the commencement because of section 15 is taken to be a vexatious proceedings order for the purposes of this Act. See the Vexatious Litigants Act 1981 , section 5 (Reinstatement of declaration of vexatious litigant).\n(sec.16-ssec.3) If— an order under section 4 of the repealed Act that revokes another order is in force immediately before the commencement; or an order under section 4 of the repealed Act that revokes another order is made on or after the commencement because of section 15; then— for the purposes of this Act, the other order is taken to be a vexatious proceedings order that has been set aside; and section 8 applies in relation to the other order.\n- (a) an order under section 4 of the repealed Act that revokes another order is in force immediately before the commencement; or\n- (b) an order under section 4 of the repealed Act that revokes another order is made on or after the commencement because of section 15;\n- (c) for the purposes of this Act, the other order is taken to be a vexatious proceedings order that has been set aside; and\n- (d) section 8 applies in relation to the other order.","sortOrder":19},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Transitional provision for Court and Civil Legislation Amendment Act 2017","content":"# Transitional provision for Court and Civil Legislation Amendment Act 2017","sortOrder":20},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Application of Act to applications not decided before commencement","content":"### sec.16A Application of Act to applications not decided before commencement\n\nThis section applies if an application under section 11 was made, but not decided, before the commencement.\nThis Act continues to apply in relation to the application as if the Court and Civil Legislation Amendment Act 2017 , section 255 had not been enacted.\ns 16A ins 2017 No. 17 s 256\n(sec.16A-ssec.1) This section applies if an application under section 11 was made, but not decided, before the commencement.\n(sec.16A-ssec.2) This Act continues to apply in relation to the application as if the Court and Civil Legislation Amendment Act 2017 , section 255 had not been enacted.","sortOrder":21},{"sectionNumber":"pt.5","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Repeal of Vexatious Litigants Act 1981","content":"### sec.17 Repeal of Vexatious Litigants Act 1981\n\nThe Vexatious Litigants Act 1981 No. 35 is repealed.","sortOrder":23}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act replaces the Vexatious Litigants Act 1981 (sec 17) but, by transitional provisions, continues to apply the earlier Act to pending applications and treats existing orders under the old Act as if they were made under this Act (secs 15–16). Procedural details and the leave regime are set out here (secs 11–13), but the statutory scope—identifying and restricting persons who frequently institute or who act in concert to institute vexatious proceedings—remains the operative focus (sec 6). The main change is procedural and administrative (new leave process, publication/register regime, and express examples of conditions) rather than a categorical broadening or narrowing of the core subject‑matter the law addresses (secs 6, 9, 11–13, 15–17)."},"complexity_factors":["Multiple stages and remedies: application, making, varying, setting aside, reinstating and leave-to-proceed procedures (secs 5–8, 11–13).","Broad judicial discretion to craft bespoke orders and conditions (sec 6(2)(c); secs 7–8).","Detailed affidavit and disclosure requirements for leave applications, and strict dismissal rules including without oral hearing (secs 11(3), 12).","Cross-jurisdictional evidential reach—courts may consider proceedings and orders from any Australian court or tribunal (sec 6(5); sec 13(2)).","Public notification and registry maintenance with fixed timeframes and limited removal rules (sec 9).","Transitional rules converting and preserving prior orders under the repealed Act and special treatment of pending applications (secs 15–17, 16A).","Non-appealability of decisions disposing of leave applications increases finality at first instance (sec 11(6))."],"plain_english_summary":"### What this law does\n\nThis Act gives the Court power to stop people who repeatedly start or run meritless or harassing court actions (\"vexatious proceedings\"). It lets certain people apply for a formal order that limits a person’s ability to begin new court cases in Queensland, and it sets out how those limits work and are enforced. (secs 5–6, 10)\n\n### Who can apply and who decides\n\n- Applications for an order can be brought by the Attorney‑General, the Crown solicitor, the Court’s registrar, a person who has been the target of vexatious proceedings, or anyone with a sufficient interest (though some applicants need the Court’s leave). (sec 5)\n- A judge (the Court) decides whether to make, vary, set aside, reinstate or refuse a vexatious proceedings order. The Court may act on its own initiative as well as on application. (secs 6(3), 7)\n\n### What orders the Court can make and immediate effects\n\n- Orders can stay (halt) existing proceedings, stop a person from starting specified types of proceedings in Queensland unless they first get leave, require the person to file documents only by mail, require security for costs, or award costs against them. The Court may impose other appropriate conditions. (sec 6(2))\n- If someone starts proceedings in contravention of a prohibition, that proceeding is permanently stayed; the court can also declare the breach and make cost orders. (sec 10)\n\n### Process to get permission to litigate (leave)\n\n- A person subject to a prohibition (or acting in concert with such a person) may apply to the Court for leave to begin a particular proceeding, but must file a sworn affidavit listing all prior leave applications and all proceedings they have started in Australia and must disclose all material facts (supporting or adverse). The applicant generally must not serve the application on anyone unless the Court orders service. (sec 11)\n- The Court must dismiss an application for leave if the affidavit does not substantially comply with the requirements or if the proposed proceeding is itself vexatious. Dismissal can occur without an oral hearing. (sec 12)\n- Before granting leave, the Court must order that relevant persons be served and must give those persons an opportunity to be heard. The Court may take into account evidence and affidavits from other Australian proceedings. The Court may grant leave only if satisfied the proposed proceeding is not vexatious and may impose conditions. (sec 13)\n- There is no right of appeal from the Court’s decision disposing of the application for leave. (sec 11(6))\n\n### Publication, record-keeping and lifetime effects\n\n- Orders (and variations, reinstatements or setting‑aside) must be published in the Gazette and entered in a public register in the Court’s Brisbane registry within fixed timeframes; the registrar may also publish details elsewhere (for example, the Court’s website). The registrar may remove an order from the register if the person has died. (sec 9)\n- If a prohibition order is set aside, the Court can reinstate it within 5 years if the person later institutes or is involved in further vexatious proceedings. (sec 8)\n\n### Relationship to other courts and prior laws\n\n- The Court may consider proceedings and orders from any Australian court or tribunal when deciding whether someone is vexatious. (sec 6(5))\n- The Act preserves the Court’s inherent powers to control vexatious litigation beyond what this Act provides. (sec 4)\n- The Act repeals the earlier Vexatious Litigants Act 1981, but existing applications and orders under that Act continue to be dealt with and treated as if they were made under this Act, subject to transitional provisions. (secs 15–17)\n\n### Purpose as indicated by the mechanisms, and a practical test against costs and incentives\n\n- Mechanism-derived purpose claim: The text sets up a legal regime to prevent repeated, burdensome court use by the same person or someone acting with them, by giving the Court tools to restrict future litigation and to require leave. (secs 6, 10–13)\n\n- Costs, incentives and trade-offs implied by the mechanics:\n  - Who pays: affected private persons may face orders for costs and security for costs (secs 6(2) example, 10(3)). Applicants (including Crown officers) initiate proceedings to obtain orders (sec 5). The registry undertakes publication and maintenance of the register (sec 9), which is an administrative cost for the Court system.\n  - Compliance burden on the restricted person: strict affidavit disclosure obligations and limits on starting suits without leave create administrative and evidentiary costs for applicants seeking to litigate (sec 11(3)). Failure to comply risks dismissal without oral hearing (sec 12).\n  - Judicial discretion and implementation risk: the Court has broad, case‑by‑case discretion to make, vary or reinstate orders and to set conditions on leave (secs 6(2)(c), 7, 8(2)). That discretion concentrates decisionmaking in judges and creates variability in outcomes depending on judicial assessment of past conduct and future risk.\n  - Substitution and circumvention risk: the Act covers proceedings in any Australian court when assessing vexatious conduct and proscribes acting in concert, but restrictions apply only to instituting proceedings in Queensland (though courts may consider out‑of‑state activity) (secs 6(5), 10(1)). Persons may attempt to litigate through proxies or in other jurisdictions; the Act’s rules for considering conduct elsewhere mitigate but do not wholly eliminate that risk.\n  - Reputational and access effects: publication and public register (sec 9) impose reputational consequences on the person subject to an order and make restrictions visible to third parties, which can affect future ability to litigate or secure legal assistance.\n  - Administrative and opportunity costs: the leave regime requires judicial time for screening proposed proceedings (secs 11–13), and non‑appealability of decisions disposing of leave applications (sec 11(6)) reduces appellate review, concentrating finality at first instance.\n\n### Practical summary: who pays, who decides, what changes in behaviour\n\n- Who pays: targeted litigants may pay costs, security for costs, and incur procedural effort; the Court registry bears publication duties; applicants (including public officers) bring applications. (secs 5, 6(2) example, 9, 10(3))\n- Who decides: the Court (judge) has the decisionmaking authority and broad discretion, though certain procedural protections (notice and right to be heard) apply before an order is made or reinstated. (secs 6(3)–(4), 7, 8(4), 13(1))\n- Behaviour change required: persons subject to prohibition must seek and obtain leave under the Act before instituting proceedings in Queensland, disclose prior litigation history and material facts, and may face other conditions; others are deterred from acting in concert with a restricted person. (secs 10–13)\n\nThis is a practical, procedure‑centred regime: it preserves inherent court powers (sec 4), replaces a prior Act while carrying over existing orders (secs 15–17), and balances a gatekeeping role for the Court against costs and disclosure obligations imposed on restricted litigants (secs 11–13, 6(2))."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond the narrower declaration-and-revocation model of the repealed Vexatious Litigants Act 1981. It now expressly captures persons acting in concert with vexatious litigants (s.6(1)(b) and s.10(1)(b)), authorises a menu of flexible supplementary orders (e.g. filing by mail or security for costs under s.6(2)), introduces a dedicated leave-to-institute regime with strict affidavit and non-service rules (ss.11-13), and adds public registration/notification obligations (s.9) plus reinstatement powers tied to a 5-year look-back (s.8). These changes broaden both the persons caught and the remedial tools available while preserving the original anti-abuse purpose."},"complexity_factors":["Extensive cross-referencing between sections (e.g. s.5 applications feeding into s.6 orders, which in turn link to ss.10-13 leave procedures)","Layered procedural requirements including mandatory affidavits with historical disclosures under both this Act and the repealed Vexatious Litigants Act 1981 (s.11(3))","Multiple conditional triggers and exceptions, such as the 5-year reinstatement window in s.8 and the 'frequently instituted' test in s.6(1)","Transitional provisions in Part 4 and Part 4A that bridge the 1981 repealed Act and 2017 amendments","Broad discretionary powers in s.6(2) illustrated by non-exhaustive examples, combined with natural justice hearing rules in s.6(4) and s.8(4)"],"plain_english_summary":"**The Vexatious Proceedings Act 2005** gives the Supreme Court of Queensland tools to stop people who repeatedly file frivolous or annoying lawsuits (known as vexatious proceedings) from clogging up the justice system.\n\nIt lets certain officials or affected people ask the Court to make orders against a serial litigant. These orders can pause existing cases, ban new ones (or specific types of cases), require documents to be filed only by post, demand security for costs, or impose other limits the Court thinks fit. The law also covers people who team up with or act in concert with a vexatious litigant.\n\nAnyone hit with such an order needs the Court's special permission (leave) to start a new case. This involves filing a detailed affidavit listing all past cases and applications, after which the Court checks whether the new case is genuine. If someone starts a case without permission, it is automatically stayed (halted) forever.\n\nThe Act replaced an older 1981 law, includes rules for updating or reinstating old orders, requires public notification of orders in the gazette and a register, and protects the Court's other powers to manage abuse of process. It matters because it balances access to justice with protecting courts, defendants, and the public from wasteful, harassing litigation."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act broadened scope compared to the predecessor Vexatious Litigants Act 1981. Key expansions include: catching people 'acting in concert' with a vexatious litigant (not just the litigant themselves); allowing the court to consider proceedings across all of Australia (not just Queensland) when deciding whether to make an order; permitting the court to act on its own initiative without any application; and extending the available orders beyond a simple ban to include costs, security for costs, and filing restrictions. The 2017 amendment also refined the dismissal process for leave applications."},"complexity_factors":["Multiple interlocking procedural stages (application → order → leave application → grant/dismiss) each with distinct rules","Dual standing requirements — some applicants can apply as of right, others need court permission first","The 'acting in concert' concept extends liability to third parties in a nuanced way that requires careful interpretation","No-appeal rule on leave decisions is an unusual and significant procedural limitation","Transitional provisions for the repealed 1981 Act and a 2017 amendment add historical layering","Cross-referencing between sections is dense (e.g., s.8 references s.5, s.6, s.7; s.13 references s.5, s.11)","The 5-year reinstatement window creates ongoing compliance obligations after an order is set aside","The public register and gazette publication requirements add administrative complexity","The definition of 'relevant persons' who must be served under s.13 is a long, multi-limbed list including parties under the predecessor Act"],"plain_english_summary":"## What This Law Does\n\nThis is a Queensland law designed to stop **serial lawsuit abusers** — people who repeatedly file pointless, harassing, or hopeless legal cases (called \"vexatious proceedings\") that waste court time and torment the people they target.\n\n## Who Does It Affect?\n\n**People targeted by the law (\"vexatious litigants\"):** Someone who has repeatedly filed frivolous or abusive lawsuits across Australia can be slapped with a court order that restricts or completely blocks their ability to start new legal cases in Queensland — without first getting special permission from the court.\n\n**People acting as helpers:** The law also catches people who team up with a known vexatious litigant to file cases on their behalf. You can't dodge the system by using a friend as a proxy.\n\n**Victims and the public:** People who've been on the receiving end of these nuisance lawsuits get protection. The law stops the harassment continuing.\n\n## How It Works — Step by Step\n\n1. **Getting an order made:** The Attorney-General, the Crown Solicitor (the government's main lawyer), the court's own registrar (administrator), or a victim can apply to have someone declared a vexatious litigant. Victims and interested parties need the court's permission to apply.\n\n2. **What the court can do:** Once satisfied someone qualifies, the court can:\n   - **Freeze** existing cases they've already started\n   - **Ban** them from starting any new cases (or certain types of cases) in Queensland\n   - Require them to only file documents by post\n   - Order them to pay a \"security for costs\" deposit (money held as insurance against wasting others' time)\n   - Order them to pay legal costs\n\n3. **Wanting to sue someone new:** If you're under one of these orders and genuinely need to go to court, you can apply for special permission (\"leave\"). You must file a sworn statement (\"affidavit\" — a formal written declaration) listing every case you've ever filed in Australia and every previous permission application. You cannot tell the other side you've applied until the court says you can. There is **no appeal** if your application is knocked back.\n\n4. **Orders can be changed:** The court can vary, cancel, or reinstate these orders. If an order is cancelled but the person reoffends within 5 years, it can be reinstated.\n\n5. **Public register:** All orders are published in the government gazette (official government publication) and kept on a public register at the Brisbane courthouse, so people can check whether someone is under such an order.\n\n## Why It Matters\n\nThe legal system is a shared public resource. When someone abuses it by filing repeated baseless cases, they harm real people (who must defend themselves at great expense and stress) and clog up the courts for everyone else. This law gives courts a formal toolkit to shut that down — while still giving the person a fair hearing before any order is made, and a pathway back to court if they have a genuine case.\n\n## Replaced an Older Law\n\nThis Act replaced the older *Vexatious Litigants Act 1981*, with transitional rules to ensure people already under orders or mid-application under the old law weren't left in legal limbo."}},"importantCases":[],"_links":{"self":"/api/acts/vexatious-proceedings-act-2005","history":"/api/acts/vexatious-proceedings-act-2005/history","analysis":"/api/acts/vexatious-proceedings-act-2005/analysis","conflicts":"/api/acts/vexatious-proceedings-act-2005/conflicts","importantCases":"/api/acts/vexatious-proceedings-act-2005/important-cases","documents":"/api/acts/vexatious-proceedings-act-2005/documents"}}