10Vexatious proceedings order prohibiting institution of proceedings

10 Vexatious proceedings order prohibiting institution of proceedings

(1)  If the Court makes a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Tasmania –

(a) the person may not institute proceedings, or proceedings of the particular type, in Tasmania without the leave of the Court under section 13 ; and

(b) another person may not, acting in concert with the person knowing that the person is a person mentioned in paragraph (a) , institute proceedings, or proceedings of the particular type, in Tasmania without the leave of the Court under section 13 .

(2)  If proceedings are instituted in contravention of subsection (1) , the proceedings are permanently stayed.

(3)  Without limiting subsection (2) , the Court, or the court or tribunal in which the proceedings are instituted, may make –

(a) an order declaring that proceedings are proceedings to which subsection (2) applies; and

(b) another order in relation to the stayed proceedings it considers appropriate, including an order for costs.

(4)  The Court, or the court or tribunal in which the proceedings are instituted, may make an order under subsection (3) on its own initiative or on the application of a person mentioned in section 5(1) .