QLDIn ForceAct
Vexatious Proceedings Act 2005
sec.10Vexatious proceedings order prohibiting institution of proceedings
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### sec.10 Vexatious proceedings order prohibiting institution of proceedings
If the Court makes a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Queensland—
the person may not institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 ; and
another person may not, acting in concert with the person, institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 .
If a proceeding is instituted in contravention of subsection (1) , the proceeding is permanently stayed.
Without limiting subsection (2) , the Court, or the court or tribunal in which the proceeding is instituted, may make—
an order declaring that a proceeding is a proceeding to which subsection (2) applies; and
any other order in relation to the stayed proceeding it considers appropriate, including an order for costs.
The Court, or the court or tribunal in which the proceeding is instituted, may make an order under subsection (3) on its own initiative or on the application of a person mentioned in section 5 (1) .
(sec.10-ssec.1) If the Court makes a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Queensland— the person may not institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 ; and another person may not, acting in concert with the person, institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 .
(sec.10-ssec.2) If a proceeding is instituted in contravention of subsection (1) , the proceeding is permanently stayed.
(sec.10-ssec.3) Without limiting subsection (2) , the Court, or the court or tribunal in which the proceeding is instituted, may make— an order declaring that a proceeding is a proceeding to which subsection (2) applies; and any other order in relation to the stayed proceeding it considers appropriate, including an order for costs.
(sec.10-ssec.4) The Court, or the court or tribunal in which the proceeding is instituted, may make an order under subsection (3) on its own initiative or on the application of a person mentioned in section 5 (1) .
- (a) the person may not institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 ; and
- (b) another person may not, acting in concert with the person, institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13 .
- (a) an order declaring that a proceeding is a proceeding to which subsection (2) applies; and
- (b) any other order in relation to the stayed proceeding it considers appropriate, including an order for costs.