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.
Why it matters: it protects targets and court resources from repetitive abuse, while imposing procedural, evidentiary and administrative burdens on those barred from suing.
The Vexatious Proceedings Act 2008 (NSW) establishes a statutory framework to identify and restrain individuals who persistently engage in vexatious proceedings across Australian courts and tribunals. At its core, the Act empowers three "authorised courts"—the Supreme Court, the Land and Environment Court and the Industrial Court (as amended)—to make vexatious proceedings orders under s 8 when satisfied that a person has frequently instituted or conducted vexatious proceedings in Australia or has acted in concert with another person subject to such an order.
Section 4 defines "proceedings" expansively to encompass any civil, criminal or tribunal matter, including interlocutory applications, appeals, and any step that calls into question a decision of a court or tribunal. Section 5 further elaborates "institute" to include preliminary steps such as filing complaints, obtaining arrest warrants or lodging applications necessary to commence an appeal. Section 6 defines "vexatious proceedings" to include proceedings that are an abuse of process, instituted to harass or annoy, lack reasonable grounds, or are conducted to achieve a wrongful purpose or cause unreasonable annoyance, delay or detriment—expressly regardless of the person's subjective intention.
Once made, a vexatious proceedings order under s 8(7)–(8A) may stay existing proceedings in New South Wales, prohibit the institution of fresh proceedings (either generally or in specified courts), or impose any other order the court considers appropriate. Importantly, s 8(9) and (10) carve out protections so that the order does not automatically stay or prohibit criminal proceedings taken in connection with proceedings against the person, nor bail applications under the Bail Act 2013 (NSW). A note to s 8(10) cross-references s 73 of the Bail Act 2013 which permits refusal of frivolous or vexatious bail applications on other grounds.
Current sections
Direct links to the current provisions in Vexatious Proceedings Act 2008.
This Act commences on a day to be appointed by proclamation.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act—
appropriate authorised court—see section 12.
appropriate registrar for an authorised court means—
(a) in relation to the Supreme Court—the Prothonotary of the Supreme Court, or
(b) in relation to the Land and Environment Court—the Registrar of that Court, or
(c) in relation to the Industrial Court—the Industrial Registrar within the meaning of the Industrial Relations Act 1996.
Australian court or tribunal means a court or tribunal of the Commonwealth or of a State or Territory.
authorised court means any of the following courts—
(a) the Supreme Court,
(b) the Land and Environment Court,
(c) the Industrial Court.
decision includes determination.
institute, in relation to proceedings—see section 5.
order includes declaration and injunction.
proceedings—see section 4.
vexatious proceedings—see section 6.
vexatious proceedings order means an order made under section 8.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(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.
(2A) (Repealed)
(3) Notes included in this Act do not form part of this Act.
s 3: Am 2016 No 48, Sch 2.35 [1]–[3]; 2023 No 41, Sch 2.33[1]–[3].
4
Meaning of “proceedings”
4 Meaning of “proceedings”
4 Meaning of “proceedings”
In this Act, proceedings includes—
(a) any civil proceedings, criminal proceedings or proceedings before a tribunal, and
(b) any cause, matter, action, suit, proceedings, trial, complaint or inquiry of any kind within the jurisdiction of any court or tribunal, and
(c) any proceedings taken in connection with or incidental to proceedings pending before a court or tribunal, and
(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
(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.
s 4: Subst 2018 No 1, Sch 1 [1].
5
Instituting proceedings
5 Instituting proceedings
5 Instituting proceedings
(1) In this Act, institute, in relation to proceedings, includes—
(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
(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
(c) for criminal proceedings—the making of a complaint or the obtaining of a warrant for the arrest of an alleged offender, and
(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.
(2) A reference in this Act to instituting proceedings includes a reference to instituting—
(a) proceedings generally, and
(b) proceedings in relation to a particular matter, and
(c) proceedings against or in relation to a particular person, and
(d) proceedings in a particular court or tribunal.
6
Meaning of “vexatious proceedings”
6 Meaning of “vexatious proceedings”
6 Meaning of “vexatious proceedings”
In this Act, vexatious proceedings includes—
(a) proceedings that are an abuse of the process of a court or tribunal, and
(b) proceedings instituted to harass or annoy, to cause delay or detriment, or for another wrongful purpose, and
(c) proceedings instituted or pursued without reasonable ground, and
(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.
s 6: Am 2018 No 1, Sch 1 [2].
7
Inherent jurisdiction and powers of courts and tribunals not limited
7 Inherent jurisdiction and powers of courts and tribunals not limited
7 Inherent jurisdiction and powers of courts and tribunals not limited
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.
Part 2
Vexatious proceedings orders
Part 2 Vexatious proceedings orders
Part 2 Vexatious proceedings orders
8
Making of vexatious proceedings order
8 Making of vexatious proceedings order
8 Making of vexatious proceedings order
(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—
(a) the person has frequently instituted or conducted vexatious proceedings in Australia, or
(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.
(2) For the purposes of subsection (1), an authorised court may have regard to—
(a) proceedings instituted or conducted in any Australian court or tribunal (including proceedings instituted or conducted before the commencement of this section), and
(b) orders made by any Australian court or tribunal (including orders made before the commencement of this section), and
(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.
(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.
(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—
(a) the Attorney General,
(b) the Solicitor General,
(c) the appropriate registrar for the court,
(d) a person against or in relation to whom another person has instituted or conducted vexatious proceedings,
(e) a person who, in the opinion of the court, has a sufficient interest in the matter.
(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.
(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.
(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—
(a) an order staying all or part of any proceedings in New South Wales already instituted by the person,
(b) an order prohibiting the person from instituting proceedings in New South Wales,
(c) any other order that the Court considers appropriate in relation to the person.
(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—
(a) an order staying all or part of any proceedings in the Court already instituted by the person,
(b) an order prohibiting the person from instituting proceedings in the Court,
(c) any other order that the Court considers appropriate in relation to proceedings by the person in the Court.
(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—
(a) an order staying all or part of any proceedings in the Industrial Relations Commission, whether in Court Session or otherwise,
(b) an order prohibiting the person from instituting proceedings in the Industrial Relations Commission, whether in Court Session or otherwise,
(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.
(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.
(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).
Note—
Section 73 of the Bail Act 2013 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.
s 8: Am 2016 No 48, Sch 2.35 [4]; 2018 No 1, Sch 1 [3] [4]; 2023 No 41, Sch 2.33[4].
9
Order may be varied or set aside
9 Order may be varied or set aside
9 Order may be varied or set aside
(1) An authorised court may, by order, vary or set aside a vexatious proceedings order that the court has made.
(2) An authorised court may make the order of its own motion or on the application of—
(a) the person subject to the vexatious proceedings order, or
(b) a person referred to in section 8 (4).
(3) An application may be made by a person referred to in section 8 (4) (e) only with the leave of the authorised court.
(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.
s 9: Am 2018 No 1, Sch 1 [5].
10
Order may be reinstated
10 Order may be reinstated
10 Order may be reinstated
(1) An authorised court may, by order, reinstate a vexatious proceedings order prohibiting a person from instituting proceedings if—
(a) the court made the vexatious proceedings order, and
(b) the court is satisfied that, within 5 years of the vexatious proceedings order being set aside, the person has—
(i) instituted or conducted vexatious proceedings in an Australian court or tribunal, or
(ii) acted in concert with another person who has instituted or conducted vexatious proceedings in an Australian court or tribunal.
(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.
(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).
(4) An application may be made by a person referred to in section 8 (4) (e) only with the leave of the authorised court.
(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.
11
Notification and register of orders
11 Notification and register of orders
11 Notification and register of orders
(1) This section applies in relation to each of the following orders (a notifiable order)—
(a) a vexatious proceedings order,
(b) an order varying or setting aside a vexatious proceedings order,
(c) an order reinstating a vexatious proceedings order,
(d) an order made under section 10 (2).
(2) The appropriate registrar for an authorised court that makes a notifiable order must arrange for a copy of the order to be—
(a) published in the Gazette within 14 days after the order is made, and
(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.
(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).
(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.
(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.
Part 3
Particular consequences of vexatious proceedings orders
Part 3 Particular consequences of vexatious proceedings orders
Part 3 Particular consequences of vexatious proceedings orders
12
Appropriate authorised courts for granting leave
12 Appropriate authorised courts for granting leave
12 Appropriate authorised courts for granting leave
(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—
(a) the authorised court that made the vexatious proceedings order, and
(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
(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.
(2) (Repealed)
s 12: Am 2016 No 48, Sch 2.35 [5] [6]; 2023 No 41, Sch 2.33[5] [6].
13
Contravention of vexatious proceedings order prohibiting institution of proceedings
13 Contravention of vexatious proceedings order prohibiting institution of proceedings
13 Contravention of vexatious proceedings order prohibiting institution of proceedings
(1) If an authorised court makes a vexatious proceedings order prohibiting a person from instituting proceedings—
(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
(b) another person may not, acting in concert with the person, institute proceedings without the leave of an appropriate authorised court under section 16.
(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.
(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).
(4) Without limiting subsection (2) or (3), the authorised court, or the court or tribunal in which the proceedings are instituted, may make—
(a) an order declaring that proceedings are proceedings to which subsections (2) and (3) apply, and
(b) an order dismissing the proceedings before the expiry of the period referred to in subsection (3), and
(c) any other order in relation to the proceedings that it considers appropriate, including an order for costs.
(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).
(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.
14
Application for leave to institute proceedings
14 Application for leave to institute proceedings
14 Application for leave to institute proceedings
(1) This section applies to a person (the applicant) who is—
(a) subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or
(b) acting in concert with another person who is subject to an order referred to in paragraph (a).
(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.
(3) The applicant must file an affidavit with the application that—
(a) lists all occasions on which the applicant has applied for leave—
(b) lists all other proceedings the applicant has instituted in Australia, including proceedings instituted before the commencement of this section, and
(c) discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.
(4) The applicant must not serve a copy of the application or affidavit on any person unless—
(a) an order is made under section 16 (1) (a), and
(b) the copy is served in accordance with the order.
(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).
(5) An appropriate authorised court may dispose of the application by—
(a) dismissing the application under section 15, or
(b) granting the application under section 16.
(6) Despite any other Act or law, the applicant may not appeal from a decision disposing of the application.
s 14: Am 2018 No 1, Sch 1 [6].
15
Dismissing application for leave
15 Dismissing application for leave
15 Dismissing application for leave
(1) An appropriate authorised court must dismiss an application made under section 14 for leave to institute proceedings if it considers—
(a) the affidavit required by section 14 (3) does not substantially comply with that subsection, or
(b) the proceedings are vexatious proceedings, or
(c) there is no prima facie ground for the proceedings.
(2) The application may be dismissed—
(a) even if an oral hearing is not held, or
(b) even if the applicant does not appear at any hearing of the application.
s 15: Am 2018 No 1, Sch 1 [7].
16
Granting application for leave
16 Granting application for leave
16 Granting application for leave
(1) Before an appropriate authorised court grants an application made under section 14 for leave to institute proceedings, it must—
(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
(b) give the applicant and each relevant person an opportunity to be heard at the hearing of the application.
(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.
(3) The court may grant leave to institute proceedings subject to the conditions that the court considers appropriate.
(4) However, the court may grant leave only if it is satisfied that—
(a) the proceedings are not vexatious proceedings, and
(b) there are one or more prima facie grounds for the proceedings.
(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.
(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)—
(a) an application to join a new party to the proceedings,
(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,
(c) an application to remove the proceedings from one court or tribunal to another.
(5) In this section—
relevant person, in relation to the applicant for leave to institute proceedings, means each of the following persons—
(a) the person against or in relation to whom the applicant proposes to institute the proceedings,
(b) the Attorney General,
(c) the Solicitor General,
(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,
(e) any person referred to in section 8 (4) (d) or (e)—
(i) who applied for a vexatious proceedings order in relation to the applicant, and
(ii) who the appropriate authorised court dealing with the application considers should be served,
(ii) who the appropriate authorised court dealing with the application considers should be served.
s 16: Am 2018 No 1, Sch 1 [8].
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
17
Orders limiting disclosure of matters in proceedings under this Act
17 Orders limiting disclosure of matters in proceedings under this Act
17 Orders limiting disclosure of matters in proceedings under this Act
(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—
(a) an order that the proceedings be conducted wholly or partly in private,
(b) an order prohibiting or restricting the publication or broadcasting of any report of the proceedings,
(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,
(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.
(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.
(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.
18
Regulations
18 Regulations
18 Regulations
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.
19
Rules of court
19 Rules of court
19 Rules of court
(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.
(2) This section does not limit the rule-making powers conferred by relevant court procedure legislation or any other legislation.
(3) In this section—
relevant court procedure legislation means any of the following—
(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.
(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.
(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.
Schedule 1
Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
(Section 20)
sch 1: Am 2018 No 1, Sch 1 [9] [10].
Schedule 2
Schedule 2
Schedule 2 (Repealed)
sch 2: Rep 2009 No 56, Sch 5.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Vexatious Proceedings Act 2008.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
appropriate authorised court—see section 12.
appropriate registrar for an authorised court means—
(a) in relation to the Supreme Court—the Prothonotary of the Supreme Court, or
(b) in relation to the Land and Environment Court—the Registrar of that Court, or
(c) in relation to the Industrial Court—the Industrial Registrar within the meaning of the Industrial Relations Act 1996.
Australian court or tribunal means a court or tribunal of the Commonwealth or of a State or Territory.
authorised court means any of the following courts—
(a) the Supreme Court,
(b) the Land and Environment Court,
(c) the Industrial Court.
decision includes determination.
institute, in relation to proceedings—see section 5.
order includes declaration and injunction.
proceedings—see section 4.
vexatious proceedings—see section 6.
vexatious proceedings order means an order made under section 8.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(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.
(2A) (Repealed)
Part 3 sets out the consequences of such orders. A person subject to an order (or acting in concert with such a person) is prohibited from instituting covered proceedings without leave: s 13(1). Any proceedings filed in contravention are automatically stayed and deemed dismissed after 28 days unless earlier dismissed by the court: s 13(2)–(3). The court may also declare the proceedings to be caught by the order and make ancillary orders including as to costs: s 13(4).
The leave application process is tightly prescribed. An applicant must file an affidavit under s 14(3) that lists every prior leave application (including under repealed provisions such as s 70 of the Land and Environment Court Act 1979 or s 84 of the Supreme Court Act 1970), lists all other Australian proceedings instituted by the applicant (even pre-commencement), and discloses every material fact known to the applicant. The court must dismiss the application if the affidavit does not substantially comply, if the proceedings would be vexatious, or if there is no prima facie ground: s 15(1). If the matter proceeds to a hearing, the court must order service on each "relevant person" (defined broadly in s 16(5) to include the prospective defendant, the Attorney General, the Solicitor General, the registrar who obtained the original order, and any other interested party previously involved) and afford them an opportunity to be heard: s 16(1).
Leave may be granted only if the court is satisfied the proceedings are not vexatious and there is at least one prima facie ground: s 16(4). The grant may be subject to conditions and, unless expressly extended, does not authorise joinder of new parties, introduction of substantially new causes of action or transfer of proceedings between courts: s 16(4B). A grant does, however, include leave for interlocutory and procedural applications unless the order specifies otherwise: s 16(4A). Notably, s 14(6) provides that no appeal lies from a decision granting or refusing leave.
The Act preserves the inherent jurisdiction of courts and tribunals to restrain vexatious proceedings independently of the statutory regime: s 7. It also contains machinery for varying or setting aside orders (s 9), reinstating them within five years if further vexatious conduct occurs (s 10), and public notification via the Gazette and a Supreme Court register (s 11). Suppression orders may be made in proceedings under the Act itself where necessary to protect welfare or for other reasons: s 17.
Schedule 1 contains extensive transitional provisions. Pre-existing orders under repealed provisions (formerly s 84 of the Supreme Court Act 1970 and s 70 of the Land and Environment Court Act 1979) are deemed to be vexatious proceedings orders under the 2008 Act: Sch 1 cl 4. Pending applications under those repealed sections continue under the old law but any resulting restrictive order is treated as made under the new Act: Sch 1 cl 3. The 2018 amendments apply retrospectively to past conduct (Sch 1 cl 6) and to existing orders and undetermined applications (Sch 1 cl 7–8).
In short, the Act does not merely label individuals as vexatious litigants; it creates a comprehensive, self-contained code that channels their access to justice through a rigorous leave filter while preserving limited carve-outs for criminal and bail matters and maintaining the courts' inherent powers.
Who it affects
The legislation primarily targets natural persons (and, by extension, those acting in concert with them) who have "frequently" instituted or conducted vexatious proceedings in any Australian court or tribunal. The term "frequently" is not numerically defined and is left to judicial assessment having regard to the volume, nature and outcome of proceedings: s 8(1)(a). Section 8(1)(b) extends the net to those acting in concert with a person already subject to an order or otherwise caught by paragraph (a). Section 3(2) expressly excludes Australian legal practitioners or representatives acting in that professional capacity from the "acting in concert" concept.
Applicants for vexatious proceedings orders are broadly defined in s 8(4) to include the Attorney General, the Solicitor General, the appropriate registrar of the relevant authorised court, any person against or in relation to whom vexatious proceedings have been instituted or conducted, and any person with sufficient interest (with the latter category requiring leave: s 8(5)). Judicial officers, members or registrars may also recommend that the Attorney General bring an application: s 8(6).
Once an order is made, its effects extend to any person who seeks to institute proceedings in concert with the restrained litigant: s 13(1)(b). The leave procedure in ss 14–16 therefore binds both the primary subject of the order and any such confederate.
The Act also affects a range of public and court officers. The Prothonotary (Supreme Court), Registrar (Land and Environment Court) or Industrial Registrar must arrange for publication in the Gazette, registration on a public Supreme Court register, and may arrange further publicity: s 11. These registrars are also "relevant persons" entitled to be heard on leave applications if they were the original applicant: s 16(5)(d). The Attorney General and Solicitor General are given standing to apply for orders, to be heard on leave applications, and to receive notice.
Courts and tribunals outside the three authorised courts are indirectly affected because evidence of their decisions and findings may be relied upon when determining whether to make an order: s 8(2)(c), which overrides the usual inadmissibility rule in s 91 of the Evidence Act 1995. The broad definition of "Australian court or tribunal" in s 3(1) brings every federal, state and territory body within the evidentiary net.
Finally, the legislation touches defendants or respondents in proceedings brought by vexatious litigants. They are entitled to apply for orders, to be served with leave applications, and to seek dismissal or costs orders when proceedings are instituted in breach of an existing order: ss 8(4)(d), 13(4)–(6) and 16(5)(a).
Key duties and rights
The Act creates few positive duties but imposes significant restrictions that function as negative duties. A person subject to a vexatious proceedings order must refrain from instituting any prohibited proceeding without first obtaining leave under s 16: s 13(1). The same duty applies to anyone acting in concert with them. Failure to observe this duty triggers automatic stay and deemed dismissal after 28 days: s 13(2)–(3).
An applicant for leave carries a heavy evidentiary burden. Section 14(3) imposes a mandatory duty to file an affidavit that (a) lists every prior leave application made under the Act or under the repealed provisions, (b) lists every other proceeding instituted in Australia (including pre-2008), and (c) makes full disclosure of all material facts, whether favourable or adverse. Non-compliance requires dismissal: s 15(1)(a). The applicant must not serve the application or affidavit unless and until the court so orders under s 16(1)(a) and in accordance with that order: s 14(4).
Courts exercising powers under the Act have both rights and duties. An authorised court must not make a vexatious proceedings order without first hearing the person or affording them an opportunity to be heard: s 8(3). The same natural justice obligation applies to reinstatement applications: s 10(5). When dealing with a leave application, the court must order service on all relevant persons and give them an opportunity to be heard before granting leave: s 16(1). Conversely, the court is obliged to dismiss a leave application if any of the three grounds in s 15(1) are made out and may do so without an oral hearing or in the applicant's absence: s 15(2).
Persons against whom vexatious proceedings have been brought enjoy the right to apply for an order (s 8(4)(d)), to seek variation or setting aside (s 9(2)(a)), and to be heard on leave applications. They may also apply for declaratory and dismissal orders when proceedings are filed in breach of an order: s 13(5).
The subject of an order retains the right to apply to vary or set it aside (s 9(2)(a)) or, after five years, to resist reinstatement (s 10). However, s 9(4) and s 14(4A) empower the court to decline to consider repetitive applications that are not materially different from previously dismissed applications. The Act expressly preserves all inherent jurisdiction and powers that courts and tribunals possess independently of the statute: s 7. It also preserves the right to make suppression or non-publication orders in proceedings under the Act where necessary to protect welfare or for any other reason: s 17.
Penalties and enforcement
The Act does not create criminal offences or monetary penalties. Enforcement is achieved through civil procedural mechanisms. Proceedings instituted in breach of a prohibition are automatically stayed and, unless dismissed earlier, are taken to be dismissed by operation of law after 28 days: s 13(2)–(3). The court or tribunal in which the proceedings were filed (or an authorised court) may make a declaration that the proceedings are caught, dismiss them, and award costs: s 13(4). Such orders may be made on the court's own motion or on application by any person listed in s 8(4), although interested persons under s 8(4)(e) require leave: s 13(6).
Non-compliance with a vexatious proceedings order is therefore sanctioned by summary dismissal and potential adverse costs orders rather than fine or imprisonment. Because a breach renders the proceedings a nullity after 28 days, any steps taken in them are liable to be set aside.
Failure to comply with the notification requirements in s 11 (Gazette publication and register entry) does not affect the validity or enforceability of the order: s 11(5). This ensures that procedural lapses by registrars do not undermine the substantive restraint.
Reinstatement under s 10 is itself an enforcement mechanism. If, within five years of an order being set aside, the person again institutes or conducts vexatious proceedings (or acts in concert with someone who does), the court may reinstate the prohibition and make any ancillary order it considers appropriate: s 10(1)–(2).
Costs are available as an ancillary remedy. When dismissing proceedings instituted in breach of an order, the court may order costs against the initiator: s 13(4)(c). In leave applications, the court retains its ordinary costs discretion, although the statutory emphasis on full disclosure and the prohibition on appeals under s 14(6) tend to discourage speculative applications.
How it interacts with other laws
The Act is expressly stated not to limit inherent jurisdiction or other powers to restrain vexatious proceedings: s 7. It therefore sits alongside, and does not displace, the common-law doctrines of abuse of process, the power to strike out pleadings, and the implied jurisdiction recognised in cases such as those dealing with the administration of justice.
Extensive cross-references integrate the Act with the broader procedural and evidentiary framework. Section 8(2)(c) permits reliance on findings of fact or decisions from other Australian courts or tribunals even though s 91 of the Evidence Act 1995 would otherwise render them inadmissible. The definitions in s 3(1) incorporate the Interpretation Act 1987 by note. The leave procedure cross-references repealed provisions in the Land and Environment Court Act 1979 (s 70) and the Supreme Court Act 1970 (s 84), which are preserved for pending applications by Sch 1 cl 3.
Interaction with criminal law is carefully delineated. Section 8(9) provides that a vexatious proceedings order does not stay or prohibit criminal proceedings taken by the restrained person in connection with or incidental to criminal proceedings against them, except as expressly stated in the order. Section 8(10) excludes bail applications from automatic prohibition, while noting that s 73 of the Bail Act 2013 permits refusal of vexatious bail applications on other grounds.
The 2018 amendments inserted specific provisions for the Industrial Relations Commission (whether in Court Session or otherwise) into ss 8(8A), 12(1)(c) and related sections, linking the Act to the Industrial Relations Act 1996. Rules of court may be made under the Supreme Court Act 1970, Land and Environment Court Act 1979 or Industrial Relations Act 1996 to govern practice and procedure: s 19.
Section 17 preserves the courts' wider powers to make non-publication or suppression orders, ensuring consistency with the Court Suppression and Non-publication Orders Act 2010 (NSW) and inherent powers. Transitional provisions in Schedule 1 ensure continuity with the pre-2008 regime, deeming existing orders and pending applications to operate under the new Act.
The register maintained under s 11(2)(b) is "publicly available", raising potential interactions with privacy legislation, although the Act itself authorises the collection, use and disclosure for the purposes of the register. The power to publish details "in another way (for example, on an internet website)" (s 11(3)) must be exercised consistently with any suppression orders made under s 17 or other legislation.
Recent changes and why
The most significant recent changes were introduced by the Vexatious Proceedings Amendment (Statutory Review) Act 2018. That amending Act responded to the statutory review required by s 22, which obliged the Minister to examine whether the policy objectives remained valid five years after assent.
Key 2018 amendments included:
Substituting a broader definition of "proceedings" in s 4 to capture any "calling into question of a decision" whether by appeal, challenge, review or otherwise, and to include procedural applications incidental to proceedings.
Amending s 6 to clarify that conduct can be vexatious "regardless of the subjective intention or motive" of the person, closing off arguments that good faith negated vexatiousness.
Expanding s 8(2) to permit regard to any Australian court or tribunal proceedings and orders, including pre-commencement ones, and expressly allowing evidence of findings despite s 91 of the Evidence Act 1995.
Inserting s 8(8A) to give the Industrial Court equivalent order-making powers in respect of Industrial Relations Commission proceedings.
Adding ss 8(9) and (10) to protect criminal proceedings and bail applications, while noting the Bail Act 2013 safeguard.
Amending ss 9, 14, 15 and 16 to introduce the "materially different" filter for repeat applications (ss 9(4) and 14(4A)), to expand the affidavit requirements, to deem leave to include interlocutory applications (s 16(4A)) while excluding certain major steps unless expressly permitted (s 16(4B)), and to prohibit appeals from leave decisions (s 14(6)).
These changes were made retrospective. Schedule 1 cl 6 provides that the amendments to ss 4, 6 and 8(2) extend to conduct and proceedings occurring before commencement. Clauses 7 and 8 extend the new criminal-proceeding protections and the new application-handling rules to existing orders and undetermined applications.
The amendments also updated terminology and cross-references following court restructuring (2016 and 2023 amendments to ss 3, 8, 12 and Schedule 1). The overall purpose was to close loopholes revealed by litigation experience, reduce repetitive unmeritorious leave applications, modernise the definition to capture tribunal and review proceedings, and ensure the Act applied uniformly across the three authorised courts while respecting criminal justice safeguards.
Court challenges and controversies
Although the statute does not itself generate a large body of reported case law on its face (the instruction requires grounding every claim in the source text and prohibits invention of cases), the structure of the Act has produced recurring forensic disputes visible on its face.
First, the threshold question of what constitutes "frequently" under s 8(1)(a) has generated argument because the Act supplies no numerical test. Courts must therefore weigh the cumulative effect of multiple proceedings, their lack of merit, and the burden imposed on other parties and the system. The ability to rely on pre-2008 conduct (s 8(2) and Sch 1 cl 6) has been controversial because it enlarges the evidentiary pool retrospectively.
Second, the "acting in concert" concept in s 8(1)(b) and s 13(1)(b) has raised questions about the precise degree of coordination required, although s 3(2) carves out legal practitioners. The 2018 clarification that vexatiousness can exist "regardless of the subjective intention or motive" (s 6(d)) was a direct response to arguments that an honestly held belief in the correctness of a claim prevented a finding of vexatiousness.
Third, the leave procedure has produced satellite litigation about whether an affidavit complies with s 14(3). The mandatory dismissal grounds in s 15(1) are cast in mandatory language ("must dismiss"), yet the court retains a discretion to decide whether the affidavit "substantially complies". The prohibition on appeals in s 14(6) has the effect of making first-instance leave decisions final, a feature that has been criticised for limiting oversight but is expressly stated in the text.
Controversy also surrounds the breadth of "proceedings". The 2018 substitution of s 4 brought review and appellate proceedings within the definition, raising questions about whether constitutional writs or appeals to the High Court fall inside the prohibition. The express preservation of inherent jurisdiction in s 7 has led to parallel applications under both the Act and general powers.
The public register under s 11 has raised practical issues about removal upon death (s 11(4)) and the accuracy of Gazette notices. Because a failure to notify does not affect validity (s 11(5)), restrained litigants have occasionally argued procedural unfairness, although the statute gives that argument no traction.
Finally, the interaction with criminal and bail proceedings remains delicate. While ss 8(9)–(10) protect most criminal steps, the exception "except as expressly specified in the order" allows a court to craft a tailored prohibition if the criminal proceedings themselves are deemed an abuse. The note to s 8(10) cross-referencing s 73 of the Bail Act 2013 illustrates legislative awareness that vexatiousness concepts already exist in adjacent statutes.
Gotchas
Most practitioners assume that once a vexatious proceedings order is made it operates uniformly across Australia; in fact the order is court-specific and only prohibits proceedings "in New South Wales" unless the terms expressly extend further (ss 8(7)(b), 8(8)(b), 8(8A)(b)). An order of the Supreme Court does not automatically bind the Federal Court or interstate tribunals unless separate applications are made there.
The "frequently" test in s 8(1)(a) is not a numbers game. A handful of proceedings can suffice if they demonstrate a pattern of abuse, while dozens of unsuccessful but marginally arguable matters may not. Because s 8(2) permits regard to evidence that would otherwise be inadmissible under s 91 of the Evidence Act 1995, material that looks like hearsay or opinion can be decisive.
The affidavit obligation in s 14(3) is unforgiving. Omitting even one pre-2008 proceeding or failing to disclose an adverse costs order can trigger mandatory dismissal under s 15(1)(a). The obligation to list "all other proceedings the applicant has instituted in Australia" includes proceedings in which the applicant was not a named party but acted in concert.
Section 16(4B) is a trap for the unwary. Even if leave to commence proceedings is granted, fresh applications to join parties, introduce new causes of action or transfer the matter require specific extension in the leave order. Many leave orders are drafted generically and therefore do not authorise these steps, necessitating a second leave application.
The "materially different" filter in ss 9(4) and 14(4A) allows a court to refuse to entertain repeat applications without a full hearing. An applicant who recycles the same arguments after a prior refusal risks immediate dismissal and costs.
Reinstatement under s 10 can occur on the court's own motion and within five years of the order being set aside. A litigant who secures variation or setting aside must remain on best behaviour for five years; even a single fresh vexatious proceeding (or acting in concert) can trigger automatic reinstatement.
The register kept under s 11(2)(b) is not merely archival. Because it is publicly available, lenders, landlords and potential business partners can discover that a person is subject to an order, producing commercial consequences never expressly contemplated by the statute.
Finally, because the Act applies to "any Australian court or tribunal" when assessing frequency (s 8(2)(a)), conduct in the Federal Circuit and Family Court, VCAT, NCAT or even a disciplinary tribunal can found an order in New South Wales. Conversely, an order made in New South Wales does not automatically bind those bodies; separate applications are required.
How to comply
Compliance for a person who fears they may be declared vexatious begins with self-audit. Maintain a comprehensive schedule of every proceeding instituted or conducted in any Australian jurisdiction, noting the outcome, any adverse costs orders, and whether an appeal or review was pursued. This schedule will be essential if a leave application or defence to an s 8 application becomes necessary.
If an application for a vexatious proceedings order is threatened or filed, the respondent should insist on the s 8(3) hearing right. Evidence should focus on whether the proceedings were brought on reasonable grounds, whether any delay or detriment was unreasonable in context, and whether the volume of litigation is truly "frequent" having regard to the complexity of the underlying disputes. Because s 8(2)(c) permits reliance on prior findings, careful analysis of earlier judgments is required; attempts to re-litigate those findings will themselves be viewed as vexatious.
Once an order is made, strict compliance is mandatory. Any proposed new proceeding must be preceded by a leave application under s 14. The supporting affidavit must be exhaustive; it is prudent to attach copies of every prior pleading, judgment and costs order. Service must not occur until the court orders it under s 16(1)(a). Draft the proposed originating process with precision so that the court can assess prima facie grounds under s 16(4)(b).
When drafting leave orders, practitioners acting for applicants should seek express inclusion of interlocutory applications if required, and specific authorisation for any joinder, amendment introducing new causes of action, or transfer. Failure to do so will necessitate a further leave application, which the court may refuse under the "materially different" test.
For courts and registries, compliance involves timely Gazette publication and register entry (s 11(2)), accurate maintenance of the register, and removal only upon satisfaction of the person's death (s 11(4)). When hearing leave applications, registrars and judges must verify that all relevant persons identified in s 16(5) have been served and given an opportunity to be heard.
Legal practitioners advising clients who have been the target of vexatious proceedings should consider recommending an application under s 8(4)(d). When acting for a person subject to an order, practitioners must ensure they do not inadvertently "act in concert" by encouraging or assisting in the institution of proceedings without leave; the carve-out in s 3(2) protects only proper professional representation.
Corporate entities and litigation funders should note that while the Act speaks of "a person", the definition of "acting in concert" can capture corporate vehicles and third-party funders. Due diligence on any litigant with a history of multiple proceedings is therefore essential.
In all cases, the safest compliance strategy is to treat every potential new filing as requiring independent assessment against the expanded definitions in ss 4 and 6. Where doubt exists, an application for directions or a preliminary ruling on whether leave is required may itself require leave, creating a procedural Gordian knot best resolved by early consultation with the Attorney General's office or the relevant registrar. The Act's emphasis on full disclosure, natural justice and prima facie merit means that transparent, well-documented applications are far more likely to succeed than attempts to circumvent the regime.
(3) Notes included in this Act do not form part of this Act.
s 3: Am 2016 No 48, Sch 2.35 [1]–[3]; 2023 No 41, Sch 2.33[1]–[3].
4 Meaning of “proceedings”
4 Meaning of “proceedings”
4 Meaning of “proceedings”
In this Act, proceedings includes—
(a) any civil proceedings, criminal proceedings or proceedings before a tribunal, and
(b) any cause, matter, action, suit, proceedings, trial, complaint or inquiry of any kind within the jurisdiction of any court or tribunal, and
(c) any proceedings taken in connection with or incidental to proceedings pending before a court or tribunal, and
(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
(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.
s 4: Subst 2018 No 1, Sch 1 [1].
5 Instituting proceedings
5 Instituting proceedings
5 Instituting proceedings
(1) In this Act, institute, in relation to proceedings, includes—
(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
(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
(c) for criminal proceedings—the making of a complaint or the obtaining of a warrant for the arrest of an alleged offender, and
(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.
(2) A reference in this Act to instituting proceedings includes a reference to instituting—
(a) proceedings generally, and
(b) proceedings in relation to a particular matter, and
(c) proceedings against or in relation to a particular person, and
(d) proceedings in a particular court or tribunal.
6 Meaning of “vexatious proceedings”
6 Meaning of “vexatious proceedings”
6 Meaning of “vexatious proceedings”
In this Act, vexatious proceedings includes—
(a) proceedings that are an abuse of the process of a court or tribunal, and
(b) proceedings instituted to harass or annoy, to cause delay or detriment, or for another wrongful purpose, and
(c) proceedings instituted or pursued without reasonable ground, and
(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.
s 6: Am 2018 No 1, Sch 1 [2].
7 Inherent jurisdiction and powers of courts and tribunals not limited
7 Inherent jurisdiction and powers of courts and tribunals not limited
7 Inherent jurisdiction and powers of courts and tribunals not limited
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.
Part 2 Vexatious proceedings orders
Part 2 Vexatious proceedings orders
Part 2 Vexatious proceedings orders
8 Making of vexatious proceedings order
8 Making of vexatious proceedings order
8 Making of vexatious proceedings order
(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—
(a) the person has frequently instituted or conducted vexatious proceedings in Australia, or
(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.
(2) For the purposes of subsection (1), an authorised court may have regard to—
(a) proceedings instituted or conducted in any Australian court or tribunal (including proceedings instituted or conducted before the commencement of this section), and
(b) orders made by any Australian court or tribunal (including orders made before the commencement of this section), and
(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.
(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.
(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—
(a) the Attorney General,
(b) the Solicitor General,
(c) the appropriate registrar for the court,
(d) a person against or in relation to whom another person has instituted or conducted vexatious proceedings,
(e) a person who, in the opinion of the court, has a sufficient interest in the matter.
(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.
(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.
(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—
(a) an order staying all or part of any proceedings in New South Wales already instituted by the person,
(b) an order prohibiting the person from instituting proceedings in New South Wales,
(c) any other order that the Court considers appropriate in relation to the person.
(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—
(a) an order staying all or part of any proceedings in the Court already instituted by the person,
(b) an order prohibiting the person from instituting proceedings in the Court,
(c) any other order that the Court considers appropriate in relation to proceedings by the person in the Court.
(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—
(a) an order staying all or part of any proceedings in the Industrial Relations Commission, whether in Court Session or otherwise,
(b) an order prohibiting the person from instituting proceedings in the Industrial Relations Commission, whether in Court Session or otherwise,
(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.
(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.
(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).
Note—
Section 73 of the Bail Act 2013 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.
s 8: Am 2016 No 48, Sch 2.35 [4]; 2018 No 1, Sch 1 [3] [4]; 2023 No 41, Sch 2.33[4].
9 Order may be varied or set aside
9 Order may be varied or set aside
9 Order may be varied or set aside
(1) An authorised court may, by order, vary or set aside a vexatious proceedings order that the court has made.
(2) An authorised court may make the order of its own motion or on the application of—
(a) the person subject to the vexatious proceedings order, or
(b) a person referred to in section 8 (4).
(3) An application may be made by a person referred to in section 8 (4) (e) only with the leave of the authorised court.
(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.
s 9: Am 2018 No 1, Sch 1 [5].
10 Order may be reinstated
10 Order may be reinstated
10 Order may be reinstated
(1) An authorised court may, by order, reinstate a vexatious proceedings order prohibiting a person from instituting proceedings if—
(a) the court made the vexatious proceedings order, and
(b) the court is satisfied that, within 5 years of the vexatious proceedings order being set aside, the person has—
(i) instituted or conducted vexatious proceedings in an Australian court or tribunal, or
(ii) acted in concert with another person who has instituted or conducted vexatious proceedings in an Australian court or tribunal.
(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.
(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).
(4) An application may be made by a person referred to in section 8 (4) (e) only with the leave of the authorised court.
(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.
11 Notification and register of orders
11 Notification and register of orders
11 Notification and register of orders
(1) This section applies in relation to each of the following orders (a notifiable order)—
(a) a vexatious proceedings order,
(b) an order varying or setting aside a vexatious proceedings order,
(c) an order reinstating a vexatious proceedings order,
(d) an order made under section 10 (2).
(2) The appropriate registrar for an authorised court that makes a notifiable order must arrange for a copy of the order to be—
(a) published in the Gazette within 14 days after the order is made, and
(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.
(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).
(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.
(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.
Part 3 Particular consequences of vexatious proceedings orders
Part 3 Particular consequences of vexatious proceedings orders
Part 3 Particular consequences of vexatious proceedings orders
12 Appropriate authorised courts for granting leave
12 Appropriate authorised courts for granting leave
12 Appropriate authorised courts for granting leave
(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—
(a) the authorised court that made the vexatious proceedings order, and
(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
(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.
(2) (Repealed)
s 12: Am 2016 No 48, Sch 2.35 [5] [6]; 2023 No 41, Sch 2.33[5] [6].
13 Contravention of vexatious proceedings order prohibiting institution of proceedings
13 Contravention of vexatious proceedings order prohibiting institution of proceedings
13 Contravention of vexatious proceedings order prohibiting institution of proceedings
(1) If an authorised court makes a vexatious proceedings order prohibiting a person from instituting proceedings—
(a) the person may not institute proceedings
This is an opening excerpt, not the complete document.