6Making vexatious proceedings orders

6 Making vexatious proceedings orders

(1)  This section applies if the Court is satisfied that a person is –

(a) a person who has frequently instituted or conducted vexatious proceedings in Australia; or

(b) a person who, acting in concert with a person whom he or she knows is subject to a vexatious proceedings order or who he or she knows is a person mentioned in paragraph (a) , has instituted or conducted vexatious proceedings in Australia.

(2)  The Court may make any or all of the following orders:

(a) an order staying all or part of any proceedings in Tasmania already instituted by the person;

(b) an order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Tasmania;

(c) any other order the Court considers appropriate in relation to the person including an order as to costs.

(3)  The Court may make a vexatious proceedings order on its own initiative or on the application of a person mentioned in section 5(1) .

(4)  The 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.

(5)  For subsection (1) , the 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.