NSWIn ForceAct
Vexatious Proceedings Act 2008
10Order may be reinstated
Start here
Get a plain-English read of 10
Turn the raw legal text into a practical explanation grounded in Vexatious Proceedings Act 2008.
#### 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.