{"id":"nsw:act-2008-080","name":"Vexatious Proceedings Act 2008","slug":"vexatious-proceedings-act-2008","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"80 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":71513,"registerId":"nsw-act-2008-080-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Vexatious Proceedings Act 2008](/view/html/inforce/current/act-2008-080).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > appropriate authorised court—see section 12.\n> > \n> > appropriate registrar for an authorised court means—\n> > \n> > > (a) in relation to the Supreme Court—the Prothonotary of the Supreme Court, or\n> > \n> > > (b) in relation to the Land and Environment Court—the Registrar of that Court, or\n> > \n> > > (c) in relation to the Industrial Court—the Industrial Registrar within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > Australian court or tribunal means a court or tribunal of the Commonwealth or of a State or Territory.\n> > \n> > authorised court means any of the following courts—\n> > \n> > > (a) the Supreme Court,\n> > \n> > > (b) the Land and Environment Court,\n> > \n> > > (c) the Industrial Court.\n> > \n> > decision includes determination.\n> > \n> > institute, in relation to proceedings—see section 5.\n> > \n> > order includes declaration and injunction.\n> > \n> > proceedings—see section 4.\n> > \n> > vexatious proceedings—see section 6.\n> > \n> > vexatious proceedings order means an order made under section 8.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) A reference in this Act to a person acting in concert with another person in instituting or conducting proceedings does not include a reference to a person who is so acting as an Australian legal practitioner or representative for the proceedings.\n> \n> > (2A) (Repealed)\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2016 No 48, Sch 2.35 \\[1\\]–\\[3\\]; 2023 No 41, Sch 2.33\\[1\\]–\\[3\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “proceedings”","content":"#### 4 Meaning of “proceedings”\n\n4 Meaning of “proceedings”\n\n> In this Act, proceedings includes—\n> \n> > (a) any civil proceedings, criminal proceedings or proceedings before a tribunal, and\n> \n> > (b) any cause, matter, action, suit, proceedings, trial, complaint or inquiry of any kind within the jurisdiction of any court or tribunal, and\n> \n> > (c) any proceedings taken in connection with or incidental to proceedings pending before a court or tribunal, and\n> \n> > (d) any interlocutory proceedings or applications, or procedural applications, taken in connection with or incidental to civil proceedings, criminal proceedings or proceedings before a tribunal, and\n> \n> > (e) any calling into question of a decision, whether or not a final decision, of a court or tribunal, and whether by appeal, challenge, review or in another way.\n> \n> **s 4:** Subst 2018 No 1, Sch 1 \\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Instituting proceedings","content":"#### 5 Instituting proceedings\n\n5 Instituting proceedings\n\n> > (1) In this Act, institute, in relation to proceedings, includes—\n> > \n> > > (a) for civil proceedings—the taking of a step or the making of an application that may be necessary before proceedings can be started against or in relation to a party, and\n> > \n> > > (b) for proceedings before a tribunal—the taking of a step or the making of an application that may be necessary before proceedings can be started before the tribunal, and\n> > \n> > > (c) for criminal proceedings—the making of a complaint or the obtaining of a warrant for the arrest of an alleged offender, and\n> > \n> > > (d) for civil or criminal proceedings or proceedings before a tribunal—the taking of a step or the making of an application that may be necessary to start an appeal in relation to the proceedings or to a decision made in the course of the proceedings.\n> \n> > (2) A reference in this Act to instituting proceedings includes a reference to instituting—\n> > \n> > > (a) proceedings generally, and\n> > \n> > > (b) proceedings in relation to a particular matter, and\n> > \n> > > (c) proceedings against or in relation to a particular person, and\n> > \n> > > (d) proceedings in a particular court or tribunal.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of “vexatious proceedings”","content":"#### 6 Meaning of “vexatious proceedings”\n\n6 Meaning of “vexatious proceedings”\n\n> In this Act, vexatious proceedings includes—\n> \n> > (a) proceedings that are an abuse of the process of a court or tribunal, and\n> \n> > (b) proceedings instituted to harass or annoy, to cause delay or detriment, or for another wrongful purpose, and\n> \n> > (c) proceedings instituted or pursued without reasonable ground, and\n> \n> > (d) proceedings that are conducted to achieve a wrongful purpose, or in a way that harasses, or causes unreasonable annoyance, delay or detriment, regardless of the subjective intention or motive of the person who instituted the proceedings.\n> \n> **s 6:** Am 2018 No 1, Sch 1 \\[2\\].","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Inherent jurisdiction and powers of courts and tribunals not limited","content":"#### 7 Inherent jurisdiction and powers of courts and tribunals not limited\n\n7 Inherent jurisdiction and powers of courts and tribunals not limited\n\n> This Act does not limit or otherwise affect any inherent jurisdiction or any powers that a court or tribunal has apart from this Act to restrict vexatious proceedings.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Vexatious proceedings orders","content":"# Part 2 Vexatious proceedings orders\n\nPart 2 Vexatious proceedings orders","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Making of vexatious proceedings order","content":"#### 8 Making of vexatious proceedings order\n\n8 Making of vexatious proceedings order\n\n> > (1) When orders may be made An authorised court may make an order under this section (a vexatious proceedings order) in relation to a person if the court is satisfied that—\n> > \n> > > (a) the person has frequently instituted or conducted vexatious proceedings in Australia, or\n> > \n> > > (b) the person, acting in concert with a person who is subject to a vexatious proceedings order or who is referred to in paragraph (a), has instituted or conducted vexatious proceedings in Australia.\n> \n> > (2) For the purposes of subsection (1), an authorised court may have regard to—\n> > \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> > \n> > > (b) orders made by any Australian court or tribunal (including orders made before the commencement of this section), and\n> > \n> > > (c) evidence of the decision, or a finding of fact, of any Australian court or tribunal hearing such proceedings or making such orders, even if that evidence would otherwise not be admissible by virtue of section 91 of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025).\n> \n> > (3) An authorised 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> \n> > (4) Orders may be made on court’s own motion or on application An authorised court may make a vexatious proceedings order of its own motion or on the application of any of the following persons—\n> > \n> > > (a) the Attorney General,\n> > \n> > > (b) the Solicitor General,\n> > \n> > > (c) the appropriate registrar for the court,\n> > \n> > > (d) a person against or in relation to whom another person has instituted or conducted vexatious proceedings,\n> > \n> > > (e) a person who, in the opinion of the court, has a sufficient interest in the matter.\n> \n> > (5) An application for a vexatious proceedings order may be made by a person referred to in subsection (4) (e) only with the leave of the authorised court.\n> \n> > (6) A judicial officer, member or registrar of a court or tribunal may make a recommendation to the Attorney General that he or she consider making an application for a vexatious proceedings order in relation to a specified person.\n> \n> > (7) Orders that may be made by Supreme Court The Supreme Court may make any one or more of the following vexatious proceedings orders in relation to a person—\n> > \n> > > (a) an order staying all or part of any proceedings in New South Wales already instituted by the person,\n> > \n> > > (b) an order prohibiting the person from instituting proceedings in New South Wales,\n> > \n> > > (c) any other order that the Court considers appropriate in relation to the person.\n> \n> > (8) Orders that may be made by Land and Environment Court The Land and Environment Court may make any one or more of the following vexatious proceedings orders in relation to a person—\n> > \n> > > (a) an order staying all or part of any proceedings in the Court already instituted by the person,\n> > \n> > > (b) an order prohibiting the person from instituting proceedings in the Court,\n> > \n> > > (c) any other order that the Court considers appropriate in relation to proceedings by the person in the Court.\n> \n> > (8A) Orders that may be made by Industrial Court The Industrial Court may make one or more of the following vexatious proceedings orders in relation to a person—\n> > \n> > > (a) an order staying all or part of any proceedings in the Industrial Relations Commission, whether in Court Session or otherwise,\n> > \n> > > (b) an order prohibiting the person from instituting proceedings in the Industrial Relations Commission, whether in Court Session or otherwise,\n> > \n> > > (c) another order the Court considers appropriate in relation to proceedings by the person in the Industrial Relations Commission, whether in Court Session or otherwise.\n> \n> > (9) A vexatious proceedings order does not stay, or prohibit a person from instituting or conducting, any criminal proceedings that are taken by the person in connection with or incidental to criminal proceedings against the person, except as expressly specified in the order.\n> \n> > (10) A vexatious proceedings order does not stay, or prohibit a person from making, a bail application (within the meaning of the [Bail Act 2013](/view/html/inforce/current/act-2013-026)).\n> > \n> > Note—\n> > \n> > Section 73 of the [Bail Act 2013](/view/html/inforce/current/act-2013-026) provides that a court may refuse to hear a bail application if satisfied that the application is frivolous or vexatious, is without substance or otherwise has no reasonable prospect of success.\n> \n> **s 8:** Am 2016 No 48, Sch 2.35 \\[4\\]; 2018 No 1, Sch 1 \\[3\\] \\[4\\]; 2023 No 41, Sch 2.33\\[4\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Order may be varied or set aside","content":"#### 9 Order may be varied or set aside\n\n9 Order may be varied or set aside\n\n> > (1) An authorised court may, by order, vary or set aside a vexatious proceedings order that the court has made.\n> \n> > (2) An authorised court may make the order of its own motion or on the application of—\n> > \n> > > (a) the person subject to the vexatious proceedings order, or\n> > \n> > > (b) a person referred to in section 8 (4).\n> \n> > (3) An application may be made by a person referred to in section 8 (4) (e) only with the leave of the authorised court.\n> \n> > (4) An authorised court may decline to consider an application to vary or set aside a vexatious proceedings order made by the person subject to the order if the court is not satisfied that the application is materially different from an earlier application to vary or set aside the same order that was not successful.\n> \n> **s 9:** Am 2018 No 1, Sch 1 \\[5\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Order may be reinstated","content":"#### 10 Order may be reinstated\n\n10 Order may be reinstated\n\n> > (1) An authorised court may, by order, reinstate a vexatious proceedings order prohibiting a person from instituting proceedings if—\n> > \n> > > (a) the court made the vexatious proceedings order, and\n> > \n> > > (b) the court is satisfied that, within 5 years of the vexatious proceedings order being set aside, the person has—\n> > > \n> > > > (i) instituted or conducted vexatious proceedings in an Australian court or tribunal, or\n> > > \n> > > > (ii) acted in concert with another person who has instituted or conducted vexatious proceedings in an Australian court or tribunal.\n> \n> > (2) An authorised court that reinstates a vexatious proceedings order may make any other order that the court considers appropriate in relation to the person, including, for example, an order varying the vexatious proceedings order.\n> \n> > (3) An authorised court may make an order under this section of its own motion or on the application of a person referred to in section 8 (4).\n> \n> > (4) An application may be made by a person referred to in section 8 (4) (e) only with the leave of the authorised court.\n> \n> > (5) An authorised 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.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Notification and register of orders","content":"#### 11 Notification and register of orders\n\n11 Notification and register of orders\n\n> > (1) This section applies in relation to each of the following orders (a notifiable order)—\n> > \n> > > (a) a vexatious proceedings order,\n> > \n> > > (b) an order varying or setting aside a vexatious proceedings order,\n> > \n> > > (c) an order reinstating a vexatious proceedings order,\n> > \n> > > (d) an order made under section 10 (2).\n> \n> > (2) The appropriate registrar for an authorised court that makes a notifiable order must arrange for a copy of the order to be—\n> > \n> > > (a) published in the Gazette within 14 days after the order is made, and\n> > \n> > > (b) recorded in a publicly available register kept for the purposes of this Act in the registry of the Supreme Court at Sydney within 7 days after the order is made.\n> \n> > (3) The appropriate registrar for an authorised court may also arrange for details of a notifiable order that the court has made to be published in another way (for example, on an internet website).\n> \n> > (4) The appropriate registrar for an authorised court may arrange for a copy of a notifiable order that the court has made to be removed from the register referred to in subsection (2) (b) if the registrar is satisfied that the person in relation to whom the order was made has died.\n> \n> > (5) A failure to comply with a requirement of this section in relation to a notifiable order does not affect the validity or enforceability of the order.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Particular consequences of vexatious proceedings orders","content":"# Part 3 Particular consequences of vexatious proceedings orders\n\nPart 3 Particular consequences of vexatious proceedings orders","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Appropriate authorised courts for granting leave","content":"#### 12 Appropriate authorised courts for granting leave\n\n12 Appropriate authorised courts for granting leave\n\n> > (1) For the purposes of this Part, an appropriate authorised court in relation to the granting of leave to institute proceedings prohibited by a vexatious proceedings order is—\n> > \n> > > (a) the authorised court that made the vexatious proceedings order, and\n> > \n> > > (b) in the case of a vexatious proceedings order made by the Supreme Court that operates to prohibit proceedings being instituted in the Land and Environment Court—the Land and Environment Court, and\n> > \n> > > (c) in the case of a vexatious proceedings order made by the Supreme Court that operates to prohibit proceedings being instituted in the Industrial Relations Commission, whether in Court Session or otherwise—the Industrial Court.\n> \n> > (2) (Repealed)\n> \n> **s 12:** Am 2016 No 48, Sch 2.35 \\[5\\] \\[6\\]; 2023 No 41, Sch 2.33\\[5\\] \\[6\\].","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Contravention of vexatious proceedings order prohibiting institution of proceedings","content":"#### 13 Contravention of vexatious proceedings order prohibiting institution of proceedings\n\n13 Contravention of vexatious proceedings order prohibiting institution of proceedings\n\n> > (1) If an authorised court makes a vexatious proceedings order prohibiting a person from instituting proceedings—\n> > \n> > > (a) the person may not institute proceedings of the kind to which the order relates without the leave of an appropriate authorised court under section 16, and\n> > \n> > > (b) another person may not, acting in concert with the person, institute proceedings without the leave of an appropriate authorised court under section 16.\n> \n> > (2) If proceedings are instituted in contravention of subsection (1), the proceedings are stayed until they are dismissed (or taken to be dismissed) under this section.\n> \n> > (3) Any proceedings that are stayed by subsection (2) are taken to be dismissed by the court or tribunal in which they were instituted on the expiry of the period of 28 days after the proceedings were first instituted, unless the proceedings are sooner dismissed under subsection (4).\n> \n> > (4) Without limiting subsection (2) or (3), the authorised court, or the court or tribunal in which the proceedings are instituted, may make—\n> > \n> > > (a) an order declaring that proceedings are proceedings to which subsections (2) and (3) apply, and\n> > \n> > > (b) an order dismissing the proceedings before the expiry of the period referred to in subsection (3), and\n> > \n> > > (c) any other order in relation to the proceedings that it considers appropriate, including an order for costs.\n> \n> > (5) An authorised court, or the court or tribunal in which the proceedings are instituted, may make an order under subsection (4) of its own motion or on the application of a person referred to in section 8 (4).\n> \n> > (6) An application may be made by a person referred to in section 8 (4) (e) only with the leave of the authorised court or the court or tribunal in which the proceedings are instituted.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Application for leave to institute proceedings","content":"#### 14 Application for leave to institute proceedings\n\n14 Application for leave to institute proceedings\n\n> > (1) This section applies to a person (the applicant) who is—\n> > \n> > > (a) subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or\n> > \n> > > (b) acting in concert with another person who is subject to an order referred to in paragraph (a).\n> \n> > (2) The applicant may apply to an appropriate authorised court for leave to institute proceedings that the order would otherwise prohibit the person from instituting.\n> \n> > (3) The applicant must file an affidavit with the application that—\n> > \n> > > (a) lists all occasions on which the applicant has applied for leave—\n> > > \n> > > > (i) under this section, or\n> > > \n> > > > (ii) before the commencement of this section—as required by an order under section 70 of the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204) or section 84 of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052), and\n> > \n> > > (b) lists all other proceedings the applicant has instituted in Australia, including proceedings instituted before the commencement of this section, and\n> > \n> > > (c) discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.\n> \n> > (4) The applicant must not serve a copy of the application or affidavit on any person unless—\n> > \n> > > (a) an order is made under section 16 (1) (a), and\n> > \n> > > (b) the copy is served in accordance with the order.\n> \n> > (4A) An authorised court may decline to consider an application made under this section if the court is not satisfied that the application is materially different from an earlier application under this section that was dismissed under section 15 (1) (b) or (c).\n> \n> > (5) An appropriate authorised court may dispose of the application by—\n> > \n> > > (a) dismissing the application under section 15, or\n> > \n> > > (b) granting the application under section 16.\n> \n> > (6) Despite any other Act or law, the applicant may not appeal from a decision disposing of the application.\n> \n> **s 14:** Am 2018 No 1, Sch 1 \\[6\\].","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Dismissing application for leave","content":"#### 15 Dismissing application for leave\n\n15 Dismissing application for leave\n\n> > (1) An appropriate authorised court must dismiss an application made under section 14 for leave to institute proceedings if it considers—\n> > \n> > > (a) the affidavit required by section 14 (3) does not substantially comply with that subsection, or\n> > \n> > > (b) the proceedings are vexatious proceedings, or\n> > \n> > > (c) there is no prima facie ground for the proceedings.\n> \n> > (2) The application may be dismissed—\n> > \n> > > (a) even if an oral hearing is not held, or\n> > \n> > > (b) even if the applicant does not appear at any hearing of the application.\n> \n> **s 15:** Am 2018 No 1, Sch 1 \\[7\\].","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Granting application for leave","content":"#### 16 Granting application for leave\n\n16 Granting application for leave\n\n> > (1) Before an appropriate authorised court grants an application made under section 14 for leave to institute proceedings, it must—\n> > \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> > \n> > > (b) give the applicant and each relevant person an opportunity to be heard at the hearing of the application.\n> \n> > (2) At the hearing of the application, the court may receive as evidence any record of evidence given, or affidavit filed, in any proceedings 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> \n> > (3) The court may grant leave to institute proceedings subject to the conditions that the court considers appropriate.\n> \n> > (4) However, the court may grant leave only if it is satisfied that—\n> > \n> > > (a) the proceedings are not vexatious proceedings, and\n> > \n> > > (b) there are one or more prima facie grounds for the proceedings.\n> \n> > (4A) A grant of leave to institute proceedings made under this section includes leave to make interlocutory applications, and other procedural applications, in connection with or incidental to those proceedings, unless the grant of leave specifies otherwise.\n> \n> > (4B) However, a grant of leave to institute proceedings does not include leave to make the following applications (unless the grant of leave specifically extends to such applications)—\n> > \n> > > (a) an application to join a new party to the proceedings,\n> > \n> > > (b) an application to introduce into the pleadings for the proceedings a substantially new cause of action based on facts different from those already pleaded,\n> > \n> > > (c) an application to remove the proceedings from one court or tribunal to another.\n> \n> > (5) In this section—\n> > \n> > relevant person, in relation to the applicant for leave to institute proceedings, means each of the following persons—\n> > \n> > > (a) the person against or in relation to whom the applicant proposes to institute the proceedings,\n> > \n> > > (b) the Attorney General,\n> > \n> > > (c) the Solicitor General,\n> > \n> > > (d) the appropriate registrar for the authorised court that made the vexatious proceedings order concerned if the registrar applied for the order in relation to the applicant,\n> > \n> > > (e) any person referred to in section 8 (4) (d) or (e)—\n> > > \n> > > > (i) who applied for a vexatious proceedings order in relation to the applicant, and\n> > > \n> > > > (ii) who the appropriate authorised court dealing with the application considers should be served,\n> > \n> > > (f) any person—\n> > > \n> > > > (i) who made an application in relation to the applicant under section 70 of the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204) or section 84 of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) before the commencement of this section, and\n> > > \n> > > > (ii) who the appropriate authorised court dealing with the application considers should be served.\n> \n> **s 16:** Am 2018 No 1, Sch 1 \\[8\\].","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Orders limiting disclosure of matters in proceedings under this Act","content":"#### 17 Orders limiting disclosure of matters in proceedings under this Act\n\n17 Orders limiting disclosure of matters in proceedings under this Act\n\n> > (1) In proceedings under this Act, an authorised court may, if satisfied that it is necessary to do so in order to protect the welfare of a person or for any other reason, make any one or more of the following orders—\n> > \n> > > (a) an order that the proceedings be conducted wholly or partly in private,\n> > \n> > > (b) an order prohibiting or restricting the publication or broadcasting of any report of the proceedings,\n> > \n> > > (c) an order prohibiting or restricting the publication of evidence given in the proceedings, whether in public or in private, or of matters contained in documents lodged or filed with the court or received in evidence before the court,\n> > \n> > > (d) an order prohibiting or restricting the disclosure to some or all of the parties to the proceedings of evidence given before the court, or of the contents of a document lodged or filed with the court or received in evidence by the court, in relation to the proceedings.\n> \n> > (2) An authorised court may make an order under subsection (1) of its own motion or on the application of a person whose welfare is at issue or another person appearing in the proceedings.\n> \n> > (3) Nothing in this section limits or otherwise affects any other power that an authorised court may have apart from this section in relation to the disclosure of matters arising in or from proceedings before the court.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Regulations","content":"#### 18 Regulations\n\n18 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Rules of court","content":"#### 19 Rules of court\n\n19 Rules of court\n\n> > (1) Rules of court may be made under relevant court procedure legislation for or with respect to the practice and procedure to be followed in respect of proceedings under this Act and any matters incidental to, or relating to, such practice and procedure.\n> \n> > (2) This section does not limit the rule-making powers conferred by relevant court procedure legislation or any other legislation.\n> \n> > (3) In this section—\n> > \n> > relevant court procedure legislation means any of the following—\n> > \n> > > (a) the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052),\n> > \n> > > (b) the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204),\n> > \n> > > (c) the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 20 Savings, transitional and other provisions\n\n20 Savings, transitional and other provisions\n\n> Schedule 1 has effect.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":null,"content":"#### 21\n\n21 (Repealed)","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Review of Act","content":"#### 22 Review of Act\n\n22 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":26},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 20)\n\n**sch 1:** Am 2018 No 1, Sch 1 \\[9\\] \\[10\\].","sortOrder":27},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2009 No 56, Sch 5.","sortOrder":39}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s operative scope was extended by later amendment provisions that expressly apply some changes to conduct and orders predating those amendments. The statutory text permits courts to rely on proceedings and orders from any Australian court (including those before the Act) as evidence (s 8(2)(a)–(c)) and Schedule 1, Part 3 (cl 6–8) records that the 2018 amendments extend to past conduct and existing orders. Transitional clauses in Schedule 1 treat certain previous vexatious‑litigant orders as if made under this Act (sch 1, cl 3–4), so the Act as in force broadens reach compared with the original, pre‑amendment framework."},"complexity_factors":["Broad statutory definitions: ‘proceedings’ covers civil, criminal, tribunal, interlocutory and appellate steps (s 4) which expands the Act’s practical reach.","Judicial discretion: courts decide whether conduct is ‘vexatious’ and what conditions to impose (s 6, s 8, s 16).","Pre‑filing documentary requirements: mandatory affidavit listing prior leave applications and all proceedings instituted in Australia (s 14(3)) creates procedural complexity and compliance risk.","Multiple parallel processes and remedies: power to stay, dismiss, prohibit, vary, reinstate orders, and to require leave (ss 8, 9, 10, 13–16).","Evidentiary scope across jurisdictions: courts may rely on findings and orders from any Australian court or tribunal, including pre‑Act matters (s 8(2), sch 1 pt 3 cl 6), affecting proof strategies.","Administrative duties for registries: publication in the Gazette and maintenance of a public register with timelines and limited removal powers (s 11).","Interplay with prior repealed provisions and transitional rules: existing orders may be transformed into orders under this Act and amendments extend to past conduct (Schedule 1, sch 1 pt 2–3).","Finality of gatekeeping: decisions disposing of leave applications are not appealable (s 14(6)), concentrating importance of first instance determinations."],"plain_english_summary":"The Act empowers three superior courts to stop people who repeatedly bring meritless or harassing litigation by prohibiting them from starting new proceedings unless the court first gives leave. It treats proceedings broadly, lets courts rely on past conduct and orders, and requires disclosure and affidavits when seeking leave.\n\nWhy it matters: it protects targets and court resources from repetitive abuse, while imposing procedural, evidentiary and administrative burdens on those barred from suing."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 2008 focus on civil proceedings in the Supreme and Land and Environment Courts. The 2018 amendments broadened the definitions of 'proceedings' (s 4) and 'vexatious proceedings' (s 6), expressly extended consideration to pre-commencement conduct and orders (s 8(2)), incorporated the Industrial Court (now Industrial Relations Commission in Court Session), clarified non-application to most criminal and bail matters (s 8(9)–(10)), and added rules on interlocutory applications (s 16(4A)–(4B)). These changes, reflected in retrospective transitional provisions (Sch 1 Part 3), have expanded the Act's reach to a wider range of tribunals, past behaviour and procedural steps."},"complexity_factors":["Extensive definitions in s 3 cross-referencing ss 4, 5 and 6 for 'proceedings', 'institute' and 'vexatious proceedings'","Multi-layered procedural rules in Part 2 (ss 8–11) and Part 3 (ss 12–16) for making, varying, reinstating and seeking leave to bypass orders","Frequent cross-references to other statutes including the Evidence Act 1995 (s 91), Bail Act 2013, Supreme Court Act 1970, Land and Environment Court Act 1979 and Industrial Relations Act 1996","Transitional and savings provisions in Schedule 1 that deem pre-Act orders and applications to continue under the new regime","Retrospective application clauses (e.g. 2018 amendments extending to past conduct per Sch 1 cl 6)","Detailed affidavit and non-service requirements in s 14 plus prohibition on appeals from leave decisions in s 14(6)"],"plain_english_summary":"**The Vexatious Proceedings Act 2008** gives courts in New South Wales tools to stop people who repeatedly file abusive or pointless legal actions from clogging up the justice system.\n\nIt defines **vexatious proceedings** as any court or tribunal case (civil, criminal, or otherwise) that harasses someone, has no reasonable basis, abuses court processes, or is conducted to cause unreasonable delay or detriment. If a person has frequently done this (or helped someone else do it), the Supreme Court, Land and Environment Court, or Industrial Court can issue a **vexatious proceedings order**. This order can stay existing cases, ban new ones entirely, or add other restrictions.\n\nAnyone subject to such an order must get special permission (leave) from a judge before starting most new cases. The Act sets out strict rules for applying for that permission, including a detailed affidavit listing all past cases. It also protects certain criminal and bail applications from being automatically blocked.\n\nThe law affects serial litigants, the people they target, courts, the Attorney General, and others with an interest. It matters because it balances the right to access courts with the need to prevent misuse that harms other parties and wastes public resources."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to have maintained its original core purpose of controlling vexatious litigation since enactment in 2008. The amendments visible in the timeline (2009, 2016, 2018, 2024) appear to be refinements and updates rather than fundamental changes in scope, which is consistent with how similar vexatious proceedings legislation operates across Australian jurisdictions."},"complexity_factors":["Balances competing rights — access to justice versus protection from abuse of process","Involves judicial discretion with multi-factor tests for granting or lifting orders","Interacts with multiple court jurisdictions and procedural rules across different NSW courts","Definitions of 'vexatious proceedings' and 'habitually and persistently' require interpretation through case law","Limited substantive content visible in the provided text — full Act provisions not shown, reducing ability to assess full complexity"],"plain_english_summary":"## Vexatious Proceedings Act 2008 (NSW)\n\n**What does this law do?**\n\nThis NSW law gives courts the power to stop certain people from repeatedly filing lawsuits or legal actions that waste court time and harass others. A person labelled a \"vexatious litigant\" (someone who repeatedly brings hopeless, abusive, or harassing legal cases) can be banned — either partially or completely — from starting new court proceedings without first getting permission from a judge.\n\n**Who does it affect?**\n\n- **People who repeatedly misuse the courts** — they can be placed under a \"vexatious proceedings order\" (a court order restricting their ability to sue or take legal action).\n- **People being targeted** by someone who keeps dragging them into pointless legal battles — this law gives them protection.\n- **The courts themselves** — it helps manage clogged court lists and protects limited judicial resources.\n- **The Attorney General and other authorised people** — they can apply to have someone declared a vexatious litigant.\n\n**Why does it matter?**\n\nEveryone has the right to go to court, but some people abuse that right — filing case after case with no real basis, often to intimidate or exhaust their opponents. This law strikes a balance: protecting genuine access to justice while shielding both courts and innocent people from being buried in frivolous (baseless or trivial) legal actions.\n\nIf you are placed under such an order, you **cannot** simply walk into a court and file a new case — you must first convince a judge that your proposed case is legitimate."}},"importantCases":[],"_links":{"self":"/api/acts/vexatious-proceedings-act-2008","history":"/api/acts/vexatious-proceedings-act-2008/history","analysis":"/api/acts/vexatious-proceedings-act-2008/analysis","conflicts":"/api/acts/vexatious-proceedings-act-2008/conflicts","importantCases":"/api/acts/vexatious-proceedings-act-2008/important-cases","documents":"/api/acts/vexatious-proceedings-act-2008/documents"}}