239Making vexatious proceedings orders

#### 239 Making vexatious proceedings orders (1) This section applies if the Federal Circuit and Family Court of Australia (Division 2) is satisfied: (a) a person has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals; or (b) a person, acting in concert with another person who is subject to a vexatious proceedings order or who is covered by paragraph (a), has instituted or conducted a vexatious proceeding in an Australian court or tribunal. (2) The Federal Circuit and Family Court of Australia (Division 2) may make any or all of the following orders: (a) an order staying or dismissing all or part of any proceedings in the Court already instituted by the person; (b) an order prohibiting the person from instituting proceedings, or proceedings of a particular type, in the Court; (c) any other order the Court considers appropriate in relation to the person. > Note: Examples of an order under paragraph (c) are an order directing that the person may only file documents by mail, an order to give security for costs and an order for costs. (3) Subsection (2) applies in relation to proceedings in the Federal Circuit and Family Court of Australia (Division 2) other than proceedings under the Family Law Act 1975. > Note: Part XIB of the Family Law Act 1975 deals with vexatious proceedings under that Act. (4) The Federal Circuit and Family Court of Australia (Division 2) may make a vexatious proceedings order on its own initiative or on the application of any of the following: (a) the Attorney‑General of the Commonwealth or of a State or Territory; (b) the Chief Executive Officer; (c) a person against whom another person has instituted or conducted a vexatious proceeding; (d) a person who has a sufficient interest in the matter. (5) The Federal Circuit and Family Court of Australia (Division 2) 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. (6) An order made under paragraph (2)(a) or (b) is a final order. (7) For the purposes of subsection (1), the Federal Circuit and Family Court of Australia (Division 2) may have regard to: (a) proceedings instituted (or attempted to be instituted) or conducted in any Australian court or tribunal; and (b) orders made by any Australian court or tribunal; and (c) the person’s overall conduct in proceedings conducted in any Australian court or tribunal (including the person’s compliance with orders made by that court or tribunal); including proceedings instituted (or attempted to be instituted) or conducted, and orders made, before the commencement of this section.