{"id":"vexatious-proceedings-restriction-act-2002","name":"Vexatious Proceedings Restriction Act 2002","slug":"vexatious-proceedings-restriction-act-2002","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110936,"registerId":"wa-vexatious-proceedings-restriction-act-2002-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Vexatious Proceedings Restriction Act 2002","content":"![Crest]()Western Australia\n\nVexatious Proceedings Restriction Act 2002\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 8 July 2016**\n\n\nWestern Australia\n\nVexatious Proceedings Restriction Act 2002\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Restriction of vexatious proceedings 3\n\n5. Effect of order to stay proceedings or to prohibit institution of proceedings without leave 4\n\n6. Leave to institute proceedings 5\n\n7. Order may be rescinded or varied 7\n\n8. Restriction on person who is vexatious litigant in court other than court of this State 7\n\n9. Notification of orders and rescissions or variations of orders 8\n\n10. Regulations 9\n\n11. Repeal of *Vexatious Proceedings Restriction Act 1930* 9\n\n12. Saving and transitional 9\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 8 July 2016**\n\n\nWestern Australia\n\nVexatious Proceedings Restriction Act 2002\n\nAn Act to —\n\n• restrict the institution of vexatious proceedings;\n\n• amend the *District Court of Western Australia Act 1969* 2, the *Liquor Licensing Act 1988* 2, and the *Supreme Court Act 1935* 2;\n\n• repeal the *Vexatious Proceedings Restriction Act 1930,*\n\nand for related purposes.\n\n##### 1. Short title\n\nThis Act may be cited as the *Vexatious Proceedings Restriction Act 2002* 1.\n\n##### 2. Commencement\n\nThis Act comes into operation on such day as is fixed by proclamation 1.\n\n##### 3. Terms used\n\nIn this Act, unless the contrary intention appears —\n\nCourt means the Supreme Court, a judge, the District Court, or a District Court judge;\n\ninstitute proceedings includes —\n\n(a) in the case of civil proceedings, the taking of a step or the making of an application which may be necessary in a particular case before proceedings can be commenced against a party; and\n\n(b) in the case of proceedings before a tribunal, the taking of a step or the making of an application which may be necessary in a particular case before proceedings can be commenced before the tribunal; and\n\n(c) in the case of criminal proceedings, the commencement of a prosecution or the obtaining of a warrant for the arrest of an alleged offender; and\n\n(d) in the case of civil or criminal proceedings, or proceedings before a tribunal, the taking of a step or the making of an application which may be necessary to commence an appeal in relation to the proceedings or to a decision or determination made in the course of the proceedings;\n\nproceedings includes —\n\n(a) any cause, matter, action, suit, proceeding, trial, or inquiry of any kind within the jurisdiction of any court, including a court of summary jurisdiction, or a tribunal; and\n\n(b) any proceedings, including interlocutory proceedings, taken in connection with or incidental to proceedings pending before a court, including a court of summary jurisdiction, or a tribunal; and\n\n(c) an appeal from a decision or determination, whether or not a final decision or determination, of a court, including a court of summary jurisdiction, or a tribunal;\n\nvexatious proceedings means proceedings —\n\n(a) which are an abuse of the process of a court or a tribunal; or\n\n(b) instituted to harass or annoy, to cause delay or detriment, or for any other wrongful purpose; or\n\n(c) instituted or pursued without reasonable ground; or\n\n(d) conducted in a manner so as to harass or annoy, cause delay or detriment, or achieve any other wrongful purpose.\n\n[Section 3 amended: No. 84 of 2004 s. 80.]\n\n##### 4. Restriction of vexatious proceedings\n\n(1) If a Court is satisfied that —\n\n(a) a person has instituted or conducted vexatious proceedings (whether before or after the commencement of this Act); or\n\n(b) it is likely that the person will institute or conduct vexatious proceedings,\n\nthe Court may make either or both of the following orders —\n\n(c) an order staying any proceedings, either as to the whole or part of the proceedings, that have been instituted by that person;\n\n(d) an order prohibiting that person from instituting proceedings, or proceedings of a particular class, without the leave of a court or tribunal, as the case requires under section 6(1).\n\n(2) An order under subsection (1) may be made by the Court on its own motion or on the application of —\n\n(a) the Attorney General; or\n\n(b) the Principal Registrar of the Supreme Court or the Principal Registrar of the District Court; or\n\n(c) with the leave of the Court —\n\n(i) a person against whom another person has instituted or conducted vexatious proceedings; or\n\n(ii) a person who has a sufficient interest in the matter.\n\n(3) The Court must not make an order under subsection (1) —\n\n(a) staying any proceedings that have been instituted by a person, either as to the whole or part of the proceedings; or\n\n(b) prohibiting a person from instituting proceedings, or proceedings of a particular class,\n\nwithout hearing that person or giving that person an opportunity of being heard.\n\n##### 5. Effect of order to stay proceedings or to prohibit institution of proceedings without leave\n\n(1) Proceedings are not to be instituted in contravention of an order under section 4(1)(d).\n\n(2) If —\n\n(a) despite subsection (1), proceedings are instituted in contravention of an order under section 4(1)(d); and\n\n(b) those proceedings are struck out by a court or tribunal in the purported exercise of a power to strike out the proceedings,\n\nthe court or tribunal has the power to award costs to the same extent as if the proceedings had been brought and had been struck out by the court or tribunal.\n\n(3) Costs awarded under subsection (2) are recoverable in the same manner as if the proceedings could have been instituted in the court or tribunal and had been struck out by the court or tribunal.\n\n(4) A subpoena, summons to a witness, warrant, or process procured to be issued by a person in any proceedings stayed by an order under section 4(1)(c) or instituted by a person in contravention of an order under section 4(1)(d) is of no force or effect in law.\n\n##### 6. Leave to institute proceedings\n\n(1) An application for leave to institute proceedings, or proceedings of a particular class (in this section called the proceedings), that is required by an order under section 4(1)(d) is to be made —\n\n(a) in the case of proceedings in the Supreme Court, to the Supreme Court or a judge; or\n\n(b) in the case of proceedings in the District Court, to the District Court or a District Court judge; or\n\n(c) in the case of proceedings before any other court, to the court; or\n\n[(d) deleted]\n\n(e) in the case of proceedings before a tribunal, to the tribunal,\n\nand is to be accompanied by an affidavit in support of the application.\n\n(2) The court or tribunal to which the application for leave is made may dismiss the application even if the applicant does not appear at a hearing of the application.\n\n(3) The affidavit accompanying the application for leave is to list all the occasions on which the applicant has made an application for leave under subsection (1) and to disclose all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.\n\n(4) Neither the application nor the affidavit are to be served on any other person unless the court or tribunal orders under subsection (6) that they are to be served on another person.\n\n(5) The court or tribunal is to dismiss the application for leave if it considers that —\n\n(a) the affidavit does not disclose everything required by subsection (3) to be disclosed; or\n\n(b) the proceedings are vexatious proceedings; or\n\n(c) there is no prima facie ground for the proceedings.\n\n(6) Before the court or tribunal grants an application for leave it is to —\n\n(a) order that a copy of the application and accompanying affidavit be served on —\n\n(i) the person against whom the proceedings are to be instituted; and\n\n(ii) any person who made an application under section 4(2)(c) in relation to the applicant; and\n\n(iii) the Attorney General;\n\nand\n\n(b) give those persons an opportunity to oppose the application for leave.\n\n(7) Leave is not to be granted unless the court or tribunal is satisfied that —\n\n(a) the proceedings are not vexatious proceedings; and\n\n(b) there is a prima facie ground for the proceedings.\n\n(8) The applicant and the persons referred to in subsection (6)(a) are to be given an opportunity to be heard at the hearing of the application for leave.\n\n(9) At the hearing of the application for leave, the court or tribunal may receive as evidence any record of evidence given or affidavit filed in connection with an application for leave mentioned in subsection (3).\n\n(10) The court or tribunal may dispose of the application for leave by —\n\n(a) dismissing the application; or\n\n(b) granting leave to institute the proceedings, subject to such conditions as the court or tribunal thinks fit.\n\n[Section 6 amended: No. 59 of 2004 s. 141.]\n\n##### 7. Order may be rescinded or varied\n\nOn the application of —\n\n(a) a person in respect of whom there is in force an order under section 4(1) —\n\n(i) staying any proceedings, either as to the whole or part of the proceedings, that have been instituted by that person; or\n\n(ii) prohibiting that person from instituting proceedings, or proceedings of a particular class, without the leave of a court or tribunal;\n\nor\n\n(b) a person referred to in section 4(2),\n\nthe court or a judge of the court in which the order was made may rescind or vary the order.\n\n##### 8. Restriction on person who is vexatious litigant in court other than court of this State\n\n(1) This section applies if, in the High Court or the Federal Court of Australia, or in another State or a Territory —\n\n(a) there is in force in respect of a person a declaration that the person is a vexatious litigant; or\n\n(b) there is in force in respect of a person an order that the person must not, without the leave of a court, institute proceedings, or proceedings of a particular class, in a court or tribunal or that any proceedings instituted by the person in a court or tribunal must not be continued by the person without the leave of a court or tribunal.\n\n(2) While a declaration or order is in force —\n\n(a) any proceedings, or proceedings of the particular class referred to in the order, as the case may be, instituted by that person in a court or tribunal of this State are stayed and the provisions of this Act (other than section 7) apply, with all necessary modifications, to and in relation to that person as if an order staying any proceedings or proceedings of the particular class referred to in the order, either as to the whole or part of the proceedings, that have been instituted by that person had been made under section 4(1)(c); and\n\n(b) the person is prohibited from instituting proceedings or proceedings of the particular class referred to in the order, as the case may be, in a court or tribunal of this State without the leave of the court or tribunal, as the case requires, under section 6 and the provisions of this Act (other than section 7) apply, with all necessary modifications, to and in relation to that person as if an order prohibiting that person from instituting proceedings, or proceedings of that particular class, as the case may be, without the leave of a court or tribunal had been made under section 4(1)(d); and\n\n(c) on the application of —\n\n(i) a person in respect of whom a declaration has been made; or\n\n(ii) a person in respect of whom an order has been made; or\n\n(iii) a person referred to in section 4(2),\n\nthe Supreme Court may in relation to the institution of proceedings in a court or tribunal of this State —\n\n(iv) rescind the declaration; or\n\n(v) rescind or vary the order.\n\n##### 9. Notification of orders and rescissions or variations of orders\n\n(1) If an order is made under section 4(1), the Principal Registrar of the Supreme Court or the Principal Registrar of the District Court, as the case may be, must publish a copy of the order in the *Gazette*.\n\n(2) If an order is rescinded or varied under section 7 or 8(2)(c), the Principal Registrar of the Supreme Court or the Principal Registrar of the District Court, as the case may be, must give notice of the rescission or variation in the *Gazette*.\n\n##### 10. Regulations\n\n(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to the purposes of this Act.\n\n(2) Without limiting subsection (1), regulations may provide for the following —\n\n(a) forms for applications under this Act;\n\n(b) fees for applications under this Act.\n\n##### 11. Repeal of *Vexatious Proceedings Restriction Act 1930*\n\nThe *Vexatious Proceedings Restriction Act 1930* is repealed.\n\n##### 12. Saving and transitional\n\n(1) An application made under the *Vexatious Proceedings Restriction Act 1930* and pending or in progress on the day on which this Act comes into operation may be continued and completed as if this Act had not come into operation.\n\n(2) Where, before the day on which this Act comes into operation, an order has been made under section 3 of the *Vexatious Proceedings Restriction Act 1930* that no legal proceedings shall, without the leave of the Supreme Court, be instituted by a person in the Supreme Court or in any inferior court, the provisions of this Act apply, with all necessary modifications, to and in relation to that order and that person as if an order had been made under section 4(1)(d) of this Act.\n\n(3) Nothing in this section affects the operation of the *Interpretation Act 1984*.\n\n[**13**. Omitted under the Reprints Act s. 7(4)(e).]\n\n[Schedule 1 omitted under the Reprints Act s. 7(4)(e).]\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Vexatious Proceedings Restriction Act 2002* and includes the amendments made by the other written laws referred to in the following table . The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Vexatious Proceedings Restriction Act 2002* | 23 of 2002 | 18 Sep 2002 | s. 1 and 2: 18 Sep 2002;   Act other than s. 1 and 2:   28 Sep 2002 (see s. 2 and *Gazette* 27 Sep 2002 p. 4877) |\n| *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) |\n| *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) |\n| **Reprint 1: The *Vexatious Proceedings Restriction Act 2002* as at 8 Jul 2016** (includes amendments listed above) | | | |\n\n\n2 The provisions in this Act amending these Acts have been omitted under the *Reprints Act 1984* s. 7(4)(e).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCourt 3\n\ninstitute proceedings 3\n\nproceedings 3, 6(1)\n\nvexatious proceedings 3\n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The 2002 Act expanded well beyond the narrower focus of the repealed 1930 Act by widening the definition of vexatious proceedings to include conduct 'so as to harass or annoy, cause delay or detriment', extending coverage to tribunals, criminal prosecutions, warrants and interlocutory steps, and automatically importing interstate and federal vexatious litigant orders under s 8."},"complexity_factors":["Extremely broad and multi-part definitions in s 3 that extend 'proceedings' and 'institute proceedings' to civil, criminal, appeals, interlocutory steps, tribunals, and summary jurisdiction matters","Nested procedural requirements in s 6 for leave applications, including mandatory full-disclosure affidavits, non-service rules, mandatory dismissal grounds, and mandatory service on the Attorney General plus other parties before any grant of leave","Cross-jurisdictional deeming provisions in s 8 that apply the entire Act (with modifications) to orders from the High Court, Federal Court, other States or Territories","Multiple overlapping powers to apply for orders (own motion, Attorney General, registrars, or interested parties with leave) combined with natural justice hearing requirements in s 4(3)"],"plain_english_summary":"**This Western Australian law aims to stop people from abusing the court system by filing repeated frivolous or harassing legal actions.**\n\nIt lets courts (mainly the Supreme Court or District Court) make orders against someone who has started or run 'vexatious proceedings' – defined as cases that harass others, lack any real basis, abuse court processes, or are pursued for wrongful reasons. The orders can stop current cases or require the person to get a judge's permission before starting new ones (in civil, criminal, appeal, or tribunal matters).\n\nThe Act sets out a strict process for applying for that permission, including detailed affidavits and giving affected people a chance to object. It also automatically applies similar restrictions from other Australian courts to WA cases. This protects defendants, tribunals, and the justice system from endless baseless claims while still allowing genuine cases with prior approval. It replaced an older 1930 law and includes rules for notifications, variations, and transitional cases."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available in the provided content. The page has been removed or relocated on the Western Australian legislation website. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 'page not available' error","Only the Act's title and an acknowledgement of country were present in the provided text","Any complexity rating based on actual legislative provisions is impossible without access to the text","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Vexatious Proceedings Restriction Act 2002 (WA)** could not be retrieved — the source page is no longer available on the Western Australian legislation website.\n\n### What we know from the title alone:\nThis Act relates to **\"vexatious proceedings\"** — a legal term for court cases that are frivolous, groundless, or brought purely to harass or burden another person rather than to genuinely seek justice. Courts can declare someone a **\"vexatious litigant\"**, which restricts their ability to file new lawsuits without first getting permission from the court.\n\n### Who it likely affects:\n- People who repeatedly file baseless or abusive court claims\n- People being targeted by such litigants\n- Courts managing their caseloads\n\n**No reliable legal analysis can be provided** based on an error page. Please visit the [Parliamentary Counsel's Office](https://www.legislation.wa.gov.au) directly to access the current version of this Act."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The 2002 Act replaced a narrower 1930 law that only restricted proceedings in the Supreme Court. This version extends to all Western Australian courts and tribunals, allows courts to act on their own motion, broadens the definition of vexatious proceedings (e.g., including improper conduct), and automatically applies restrictions from other Australian jurisdictions."},"complexity_factors":["Multiple defined terms with broad scope (e.g., 'proceedings', 'institute proceedings', 'vexatious proceedings')","Layered conditions for orders (section 4) and leave applications (section 6)","Cross-references to other jurisdictions (section 8)","Procedural requirements such as affidavits and notification via Gazette","Transitional provisions (section 12) that incorporate previous orders"],"plain_english_summary":"This Western Australian law gives courts the power to stop people who repeatedly file baseless or harassing lawsuits (called 'vexatious proceedings'). If a court finds that someone has brought such cases in the past or is likely to do so, it can order a halt to their current cases or ban them from starting new ones without getting permission first. The law defines vexatious proceedings broadly to include cases that abuse the court process, are intended to harass or annoy, lack reasonable grounds, or are conducted in a harassing manner. It also covers people who have been declared vexatious litigants in other Australian courts, automatically applying similar restrictions in Western Australia. Anyone affected by a vexatious litigant can ask the court to act, and the court can also act on its own. People who are banned can apply for leave to bring a case, but they must disclose all previous applications and the court will only grant leave if the case is not vexatious and has a prima facie (apparent) legal basis. The law aims to protect court resources and individuals from being unfairly burdened by repeated, pointless litigation."}},"importantCases":[],"_links":{"self":"/api/acts/vexatious-proceedings-restriction-act-2002","history":"/api/acts/vexatious-proceedings-restriction-act-2002/history","analysis":"/api/acts/vexatious-proceedings-restriction-act-2002/analysis","conflicts":"/api/acts/vexatious-proceedings-restriction-act-2002/conflicts","importantCases":"/api/acts/vexatious-proceedings-restriction-act-2002/important-cases","documents":"/api/acts/vexatious-proceedings-restriction-act-2002/documents"}}