Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

JUDICIARY ACT 1903 - SECT 77RP

Proceedings in contravention of vexatious proceedings order

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

  (a)   the person must not institute proceedings, or proceedings of that type, in the High Court without the leave of the High Court under section   77RS; and

  (b)   another person must not, acting in concert with the person, institute proceedings, or proceedings of that type, in the High Court without the leave of the High Court under section   77RS.

  (2)   If a proceeding is instituted in contravention of subsection   (1), the proceeding is stayed.

  (3)   Without limiting subsection   (2), the High Court may make:

  (a)   an order declaring a proceeding is a proceeding to which subsection   (2) applies; and

  (b)   any other order in relation to the stayed proceeding it considers appropriate, including an order for costs.

  (4)   The High Court may make an order under subsection   (3) 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 Chief Executive and Principal Registrar;

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

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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback