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FAMILY LAW ACT 1975 - SECT 45A

Summary decrees

No reasonable prospect of successfully defending proceedings

             (1)  The court may make a decree for one party against another in relation to the whole or any part of proceedings if:

                     (a)  the first party is prosecuting the proceedings or that part of the proceedings; and

                     (b)  the court is satisfied that the other party has no reasonable prospect of successfully defending the proceedings or that part of the proceedings.

No reasonable prospect of successfully prosecuting proceedings

             (2)  The court may make a decree for one party against another in relation to the whole or any part of a proceedings if:

                     (a)  the first party is defending the proceedings or that part of the proceedings; and

                     (b)  the court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceedings or that part of the proceedings.

When there is no reasonable prospect of success

             (3)  For the purposes of this section, a defence or proceedings or part of proceedings need not be:

                     (a)  hopeless; or

                     (b)  bound to fail;

to have no reasonable prospect of success.

Proceedings that are frivolous, vexatious or an abuse of process

             (4)  The court may dismiss all or part of proceedings at any stage if it is satisfied that the proceedings or part is frivolous, vexatious or an abuse of process.

             (5)  To avoid doubt, proceedings or a part of proceedings are not frivolous, vexatious or an abuse or process merely because an application relating to the proceedings or the part is made and later withdrawn.

Costs

             (6)  If the court makes a decree, or dismisses all or part of proceedings, under this section, the court may make such order as to costs as the court considers just.

Action by court on its own initiative or on application

             (7)  The court may take action under this section on its own initiative or on application by a party to the proceedings.

This section does not limit other powers

             (8)  This section does not limit any powers that the court has apart from this section.

Note:          Part XIB also gives courts powers relating to vexatious proceedings.



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