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Supreme Court Act 1933
67AVexatious litigants
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67A Vexatious litigants
aggrieved person, in relation to proceedings, means a person
aggrieved by the institution of those proceedings.
proceedings means any cause, matter, action, suit or proceeding of
any other kind within the jurisdiction of any court or tribunal and
includes any proceeding taken in connection with any such legal
proceedings pending before any court or tribunal.
vexatious proceedings means proceedings—
(a) the purpose of which is to harass or annoy, to cause delay or for
some other ulterior purpose; or
(b) that lack reasonable grounds.
(2) If, on the application of the Attorney-General or an aggrieved person,
the court is satisfied that a person has frequently instituted vexatious
proceedings, the court may declare the person to be a vexatious
litigant.
(3) If a person is declared to be a vexatious litigant—
(a) the person, or a person acting in concert with the person, shall
not institute or continue any proceedings or, for a declaration
expressed to apply only in relation to a particular type of matter,
proceedings of that type, without the leave of the court; and
(b) any proceedings pending at the time of the declaration or, for a
declaration expressed to apply only in relation to a particular
type of matter, proceedings of that type, are stayed subject to
any order of the court in relation to those proceedings.
(4) If the court gives leave to a person for subsection (3) (a), it may
impose the conditions it considers appropriate.
(5) Conditions imposed under subsection (4) in relation to proceedings
may include conditions—
(a) relating to security for costs in the proceedings; and
(b) specifying matters relating to the issue of process in the
(6) Unless expressed to remain in force until the end of a date specified
in the declaration, a declaration remains in force until revoked by the
court.
(7) The court may vary a declaration.
(8) Subject to any order of the court, a declaration, or a variation or
revocation of a declaration, is a notifiable instrument.
Note Power to make a notifiable instrument includes power to make different
provision in relation to different matters or different classes of matters,
and to make an instrument that applies differently by reference to stated
exceptions or factors (see Legislation Act, s 48).
(9) If proceedings are instituted by a person in contravention of this
section, the proceedings shall be taken to have been permanently
stayed.
(10) If practicable, any documents filed or lodged with a court or tribunal
by a person in proceedings referred to in subsection (9) shall be
returned to the person by the registrar or similar officer of a court or
tribunal.
(11) Notwithstanding subsection (3), a person declared to be a vexatious
litigant may, without the leave of the court, apply to the court for the
revocation or variation of the declaration or of any conditions to
which the declaration is subject.