{"id":"vexatious-proceedings-act-2006","name":"Vexatious Proceedings Act 2006","slug":"vexatious-proceedings-act-2006","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30630,"registerId":"nt-vexatious-proceedings-act-2006-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Vexatious Proceedings Act 2006","content":"NORTHERN TERRITORY OF AUSTRALIA\nVEXATIOUS PROCEEDINGS ACT 2006\nAs in force at 24 April 2007\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Definitions ........................................................................................ 1\n3 Proceedings..................................................................................... 2\n4 Instituting proceedings ..................................................................... 2\n5 Acting in concert .............................................................................. 3\n6 Inherent jurisdiction and powers not affected .................................. 3\nPart 2 Vexatious proceedings orders\n7 Making vexatious proceedings orders ............................................. 3\n8 Order may be varied or set aside .................................................... 4\n9 Notification and register of orders .................................................... 4\nPart 3 Consequences of vexatious proceedings\norders\n10 Proceedings in contravention of vexatious proceedings order......... 5\n11 Application for leave to institute proceedings................................... 5\n12 Dismissing application for leave ...................................................... 6\n13 Granting application for leave .......................................................... 6\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 24 April 2007\n____________________\nVEXATIOUS PROCEEDINGS ACT 2006\nAn Act to restrict vexatious proceedings\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Vexatious Proceedings Act 2006.\n2 Definitions\nIn this Act:\nCourt means the Supreme Court.\ncourt or tribunal means a court or tribunal of the Commonwealth\nor of a State or Territory.\ninstitute, see section 4.\norder includes declaration and injunction.\nproceedings, see section 3.\nvexatious proceedings includes:\n(a) a proceeding that is an abuse of the process of a court or\ntribunal; and\n(b) a proceeding instituted to harass or annoy, to cause delay or\ndetriment, or for another wrongful purpose; and\n(c) a proceeding instituted or pursued without reasonable ground;\nand\n(d) a proceeding conducted in a way so as to harass or annoy,\ncause delay or detriment, or achieve another wrongful\npurpose.\nvexatious proceedings order means an order made under\nsection 7(3).\n\nPart 1 Preliminary matters\nVexatious Proceedings Act 2006 2\n3 Proceedings\nProceedings include:\n(a) any cause, matter, action, suit, proceeding, trial, complaint or\ninquiry of any kind within the jurisdiction of any court or\ntribunal; and\n(b) any proceeding, including any interlocutory proceeding, taken\nin connection with or incidental to a proceeding pending\nbefore a court or tribunal; and\n(c) any calling into question of a decision, whether or not a final\ndecision, of a court or tribunal, and whether by appeal,\nchallenge, review or in another way.\n4 Instituting proceedings\n(1) Institute, in relation to proceedings, includes:\n(a) for civil proceedings – the taking of a step or the making of an\napplication that may be necessary before the proceedings can\nbe started against a party; and\n(b) for proceedings before a tribunal – the taking of a step or the\nmaking of an application that may be necessary before the\nproceedings can be started before the tribunal; and\n(c) for criminal proceedings – the making of a complaint, the\nlaying of an information or the obtaining of a warrant for the\narrest of an alleged offender; and\n(d) for civil or criminal proceedings or proceedings before a\ntribunal – the taking of a step or the making of an application\nthat may be necessary to start an appeal in relation to the\nproceedings or to a decision made in the course of the\nproceedings.\n(2) A reference in this Act to instituting proceedings includes a\nreference to instituting:\n(a) proceedings generally; or\n(b) proceedings in relation to a particular matter; or\n(c) proceedings against a particular person; or\n(d) proceedings in a particular court or tribunal.\n\nPart 2 Vexatious proceedings orders\nVexatious Proceedings Act 2006 3\n5 Acting in concert\nA reference in this Act to a person acting in concert with another\nperson in instituting or conducting proceedings does not include a\nreference to a person who is so acting as a legal practitioner or\nrepresentative for the proceedings.\n6 Inherent jurisdiction and powers not affected\nTo avoid doubt, this Act does not affect any inherent jurisdiction or\nother powers of a court or tribunal to restrict vexatious proceedings.\nPart 2 Vexatious proceedings orders\n7 Making vexatious proceedings orders\n(1) This section applies if the Court is satisfied a person:\n(a) has frequently instituted or conducted vexatious proceedings\nin Australia; or\n(b) acting in concert with someone who is subject to a vexatious\nproceedings order or who is covered by paragraph (a), has\ninstituted or conducted vexatious proceedings in Australia.\n(2) For subsection (1), the Court may have regard to:\n(a) proceedings in any court or tribunal, including proceedings\ninstituted before the commencement of this section; and\n(b) orders made by any court or tribunal, including orders made\nbefore the commencement of this section.\n(3) The Court may make:\n(a) either or both of the following orders:\n(i) an order staying all or part of any proceedings in the\nTerritory already instituted by the person;\n(ii) an order prohibiting the person from instituting\nproceedings in the Territory; and\n(b) another order the Court considers appropriate.\n(4) If the Court makes an order prohibiting the person from instituting\nproceedings in the Territory:\n(a) the person must not institute proceedings in the Territory\nwithout the leave of the Court under section 13; and\n\nPart 2 Vexatious proceedings orders\nVexatious Proceedings Act 2006 4\n(b) no one else must, acting in concert with the person, institute\nproceedings in the Territory without the leave of the Court\nunder section 13.\n(5) The Court must not make a vexatious proceedings order without\nhearing the person or giving the person an opportunity of being\nheard.\n(6) The Court may make a vexatious proceedings order on its own\ninitiative or on the application of any of the following:\n(a) the Attorney-General;\n(b) the Solicitor-General;\n(c) a Registrar of the Court;\n(d) anyone against whom, in the Court's opinion, the person has\ninstituted or conducted vexatious proceedings;\n(e) anyone who, in the Court's opinion, has a sufficient interest in\nthe matter.\n(7) An application may be made by a person mentioned in\nsubsection (6)(d) or (e) only with the leave of the Court.\n8 Order may be varied or set aside\n(1) The Court may, by order, vary or set aside a vexatious proceedings\norder on the application of:\n(a) the person subject to the order; or\n(b) a person mentioned in section 7(6).\n(2) An application may be made by a person mentioned in\nsection 7(6)(d) or (e) only with the leave of the Court.\n9 Notification and register of orders\n(1) This section applies to:\n(a) a vexatious proceedings order; or\n(b) an order varying or setting aside a vexatious proceedings\norder.\n(2) A Registrar of the Court must arrange for a copy of the order to be\nentered in a publicly available register kept for this Act in the\nregistry of the Court at Darwin within 7 days after the order is made.\n\nPart 3 Consequences of vexatious proceedings orders\nVexatious Proceedings Act 2006 5\n(3) If a Registrar of the Court becomes aware that a person who is\nsubject to the order has died, the Registrar must remove the copy\nof the order from the register.\nPart 3 Consequences of vexatious proceedings\norders\n10 Proceedings in contravention of vexatious proceedings order\n(1) If proceedings are instituted in contravention of section 7(4), the\nproceedings are permanently stayed.\n(2) Without limiting subsection (1), the Court, or the court or tribunal in\nwhich the proceedings are instituted, may make:\n(a) an order declaring the proceedings are proceedings to which\nsubsection (1) applies; and\n(b) another order for the proceedings it considers appropriate,\nincluding an order for costs.\n(3) The Court, or the court or tribunal, may make an order under\nsubsection (2) on its own initiative or on the application of a person\nmentioned in section 7(6).\n(4) An application may be made by a person mentioned in\nsection 7(6)(d) or (e) only with the leave of the Court.\n11 Application for leave to institute proceedings\n(1) This section applies to a person (the applicant) who is:\n(a) subject to an order made under section 7(3)(a)(ii); or\n(b) acting in concert with a person who is subject to an order\nmade under section 7(3)(a)(ii).\n(2) The applicant may apply to the Court for leave to institute\nproceedings that are subject to the order.\n(3) The applicant must file an affidavit with the application that:\n(a) lists all the occasions on which the applicant has applied for\nleave under this section; and\n(b) lists all other proceedings the applicant has instituted in\nAustralia, including proceedings instituted before the\ncommencement of this section; and\n\nPart 3 Consequences of vexatious proceedings orders\nVexatious Proceedings Act 2006 6\n(c) discloses all relevant facts about the application, whether\nsupporting or adverse to the application, that are known to the\napplicant.\n(4) The applicant must not serve a copy of the application or affidavit\non a person unless:\n(a) an order is made under section 13(1)(a); and\n(b) the copy is served under the order.\n(5) The Court may dispose of the application by:\n(a) dismissing the application under section 12; or\n(b) granting the application under section 13.\n(6) The applicant may not appeal from a decision disposing of the\napplication.\n12 Dismissing application for leave\n(1) The Court must dismiss the application if it considers:\n(a) the affidavit does not substantially comply with section 11(3);\nor\n(b) the proceedings are vexatious proceedings.\n(2) The application may be dismissed even if the applicant does not\nappear at the hearing of the application.\n13 Granting application for leave\n(1) Before the Court grants the application, it must:\n(a) order that the applicant serve each of the relevant persons\nwith a copy of the application and affidavit and a notice that\nthe person is entitled to be heard on the application; and\n(b) give the applicant and each of the relevant persons an\nopportunity to be heard at the hearing of the application.\n(2) At the hearing of the application, the Court may receive as evidence\nany record of evidence given, or affidavit filed, in any proceedings\nin which the applicant is, or at any time was, involved either as a\nparty or as a person acting in concert with a party.\n(3) The Court may grant leave only if it is satisfied the proceedings are\nnot vexatious proceedings.\n\nPart 3 Consequences of vexatious proceedings orders\nVexatious Proceedings Act 2006 7\n(4) The Court may grant leave subject to the conditions the Court\nconsiders appropriate.\n(5) In this section:\nrelevant person means:\n(a) the person against whom the applicant proposes to institute\nthe proceedings; or\n(b) the Attorney-General; or\n(c) the Solicitor-General; or\n(d) any person mentioned in section 7(6)(d) or (e) who:\n(i) made an application with the leave of the court under\nsection 8 in relation to the applicant; and\n(ii) the Court considers should be served.\n\nENDNOTES\nVexatious Proceedings Act 2006 8\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nVexatious Proceedings Act 2006 (Act No. 29, 2006)\nAssent date 19 September 2006\nCommenced 19 September 2006\nJustice Legislation Amendment Act 2007 (Act No. 5, 2007)\nAssent date 24 April 2007\nCommenced s 37 (except amd of Criminal Code and Legal Profession Act\n2006): 1 May 2007 (s 2(1), s 2 Victims of Crime Assistance\nAct 2006 (Act No. 15, 2006) and Gaz G17, 26 April 2007,\np 7); rem: 24 April 2007\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: s 1.\n4 LIST OF AMENDMENTS\ns 9 amd No. 5, 2007, s 23","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Act was enacted as stand-alone legislation to restrict vexatious proceedings. While it defines 'proceedings' and 'vexatious proceedings' broadly, it does not appear to have expanded beyond its original purpose. The scope remains focused on providing a mechanism to curb abusive litigation."},"complexity_factors":["17 sections with cross-references and nested conditions","Broad definitions of 'proceedings', 'institute', and 'vexatious proceedings' that include multiple categories","Multiple grounds for making orders and different types of orders","Complex leave application process with affidavit requirements, service provisions, and no appeal","Interaction with other courts and tribunals, and preservation of inherent jurisdiction","Provisions about persons acting in concert with a restricted person"],"plain_english_summary":"This Northern Territory law allows the Supreme Court to stop people who repeatedly bring baseless or harassing lawsuits (called 'vexatious proceedings') from starting new legal actions without the Court's permission. It creates a public register of those subject to such orders. Anyone subject to a banning order—or acting together with them—must apply to the Court for leave before starting any new proceedings. The Court can only grant leave if it is satisfied the proposed proceedings are not vexatious. The law also cancels any proceedings started in breach of a banning order, and allows the Court to make other orders like awarding costs. It applies not just to courts but also to tribunals, and covers civil, criminal, and appeal proceedings. The Court can make these orders on its own initiative or on application from the Attorney-General, a Registrar, or others affected. The law does not replace any existing powers courts have to deal with vexatious litigants."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of restricting vexatious proceedings. The 2007 amendment (section 9) was a minor technical amendment regarding the register, not an expansion of scope. The Act has not grown beyond its core function of enabling vexatious proceedings orders and managing their consequences."},"complexity_factors":["Short statute with only 13 operative sections across 3 Parts","Minimal cross-referencing — primarily internal references to sections 7, 11, and 13","Straightforward conditional logic: if vexatious pattern established → order may be made → breach → automatic stay","Only 6 defined terms in section 2, with 3 additional definitions incorporated by reference (institute, proceedings, relevant person)","Single layer of exceptions (leave requirements) without nested conditions","Clear procedural pathway: application → affidavit → service → hearing → grant/dismiss","No complex mathematical formulas, deeming provisions, or retrospective operation clauses"],"plain_english_summary":"**What this law does:**\n\nThis Act gives the Northern Territory Supreme Court power to stop people who repeatedly abuse the legal system from filing more court cases. These people are called \"vexatious litigants\" — individuals who frequently start legal proceedings to harass others, cause delays, or without any reasonable basis.\n\n**Who it affects:**\n\n- **Serial litigants**: People who have a pattern of starting baseless or harassing court cases in any Australian court or tribunal.\n- **Their associates**: People acting together with a banned litigant to get around the restrictions.\n- **Victims of vexatious litigation**: People who have been targeted by harassing lawsuits can apply to have the person declared vexatious.\n- **Courts and tribunals**: All courts and tribunals in Australia (federal, state, or territory) can be considered when determining if someone is vexatious.\n\n**How it works:**\n\n- The Supreme Court can make a **vexatious proceedings order** that either stops current proceedings or bans the person from starting new ones in the NT.\n- Once banned, the person cannot start any proceedings without first getting **leave** (permission) from the Supreme Court.\n- The person must apply for leave with a full affidavit disclosing their entire litigation history and all relevant facts.\n- The Court maintains a **public register** of these orders.\n- If someone breaches the order by starting proceedings anyway, those proceedings are automatically \"stayed\" (frozen permanently).\n\n**Why it matters:**\n\nThis law protects the justice system from being overwhelmed by frivolous or malicious litigation, protects individuals from being harassed through repeated lawsuits, and ensures court resources are available for legitimate disputes. It balances restricting abuse with allowing genuine cases by requiring Court approval for any new proceedings."}},"importantCases":[],"_links":{"self":"/api/acts/vexatious-proceedings-act-2006","history":"/api/acts/vexatious-proceedings-act-2006/history","analysis":"/api/acts/vexatious-proceedings-act-2006/analysis","conflicts":"/api/acts/vexatious-proceedings-act-2006/conflicts","importantCases":"/api/acts/vexatious-proceedings-act-2006/important-cases","documents":"/api/acts/vexatious-proceedings-act-2006/documents"}}