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FAMILY LAW ACT 1975 - SECT 102QB

Making vexatious proceedings orders

             (1)  This section applies if a court exercising jurisdiction in proceedings under this Act is satisfied:

                     (a)  a person has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals; or

                     (b)  a person, acting in concert with another person who is subject to a vexatious proceedings order or who is covered by paragraph (a), has instituted or conducted vexatious proceedings in an Australian court or tribunal.

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

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

                     (b)  an order prohibiting the person from instituting proceedings, or proceedings of a particular type, under this Act in a court having jurisdiction under this Act;

                     (c)  any other order the court considers appropriate in relation to the person.

Note:          Examples of an order under paragraph (c) are an order directing that the person may only file documents by mail, an order to give security for costs and an order for costs.

             (3)  The court may make a vexatious proceedings order on its own initiative or on the application of any of the following:

                     (a)  the Attorney-General of the Commonwealth or of a State or Territory;

                     (b)  the appropriate court official;

                     (c)  a person against whom another person has instituted or conducted vexatious proceedings;

                     (d)  a person who has a sufficient interest in the matter.

             (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)  An order made under paragraph (2)(a) or (b) is a final order.

             (6)  For the purposes of subsection (1), the court may have regard to:

                     (a)  proceedings instituted (or attempted to be instituted) or conducted in any Australian court or tribunal; and

                     (b)  orders made by any Australian court or tribunal; and

                     (c)  the person's overall conduct in proceedings conducted in any Australian court or tribunal (including the person's compliance with orders made by that court or tribunal);

including proceedings instituted (or attempted to be instituted) or conducted, and orders made, before the commencement of this section.



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