Victorian Current Acts

VEXATIOUS PROCEEDINGS ACT 2014 - SECT 3

In this Act—

acting in concert has the meaning given by section 4;

"acting in concert order "means an order made—

        (a)     by the Supreme Court, the County Court, the Magistrates' Court or VCAT under section 35; or

        (b)     in relation to intervention order legislation, by the Magistrates' Court or the Children's Court under section 36;

appeal restriction order means an order made—

        (a)     by the Supreme Court under section 37; or

        (b)     by the County Court, the Magistrates' Court or VCAT under section 38; or

        (c)     in relation to intervention order legislation, by the Magistrates' Court or the Children's Court under section 39;

"application for leave to proceed "means—

        (a)     an application under section 50 by a person subject to a limited litigation restraint order for leave to make or continue an interlocutory application in a proceeding; or

        (b)     an application under section 52 by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding; or

        (c)     an application under section 54 by a person subject to a general litigation restraint order for leave to commence or continue a proceeding;

"Australian court or tribunal "means—

        (a)     a Victorian court or tribunal; or

        (b)     a court or tribunal of the Commonwealth or of another State or a Territory;

"child "means a person who is under the age of 18 years;

"Court "means the following courts—

        (a)     the Supreme Court;

        (b)     the County Court;

        (c)     the Magistrates' Court;

        (d)     in relation to an order under this Act that relates to intervention order legislation, the Children's Court;

"extended litigation restraint order" means an order made—

        (a)     by the Supreme Court, the County Court, the Magistrates' Court or VCAT under section 17; or

        (b)     in relation to intervention order legislation, by the Magistrates' Court or the Children's Court under section 19;

"general litigation restraint order" means an order made under section 29;

interlocutory application has the meaning given by section 5;

"intervention order legislation" means—

        (a)     the Crimes (Family Violence) Act 1987 as in force immediately before its repeal; and

        (b)     the Family Violence Protection Act 2008 ; and

        (c)     the Personal Safety Intervention Orders Act 2010 ; and

        (d)     the Stalking Intervention Orders Act 2008 as in force immediately before its repeal;

S. 3 def. of legal practitioner amended by No. 38/2017 s. 95(1).

"legal practitioner "means an Australian legal practitioner;

"limited litigation restraint order" means an order made under section 11;

"litigation restraint order" means any of the following orders—

        (a)     an extended litigation restraint order;

        (b)     a general litigation restraint order;

        (c)     a limited litigation restraint order;

"parent", of a child, includes—

        (a)     a person who has responsibility for the long-term welfare of the child and has, in relation to the child, all the parental powers, rights and duties that are vested by law or custom in the guardian of a child; and

        (b)     a person with whom the child normally or regularly resides;

"proceeding "means any matter in an Australian court or tribunal, whether civil or criminal, including—

        (a)     any cause, matter, action, suit, proceeding, trial, complaint or inquiry of any kind within the jurisdiction of an Australian court or tribunal;

        (b)     any proceeding (including any interlocutory application) taken in connection with or incidental to a proceeding before an Australian court or tribunal;

        (c)     any appeal, review or other challenge, including an application for judicial review or an application for leave to appeal.

"variation or revocation application prevention order "means an order made—

        (a)     by the Supreme Court, the County Court, the Magistrates' Court or VCAT under section 74(1); or

        (b)     in relation to intervention order legislation, by the Magistrates' Court or the Children's Court under section 74(2);

vexatious application includes the following—

        (a)     an interlocutory application that is an abuse of the process of a court or tribunal;

        (b)     an interlocutory application made to harass or annoy, to cause delay or detriment, or for another wrongful purpose;

        (c)     an interlocutory application made or pursued without reasonable ground;

        (d)     an interlocutory application pursued in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose;

"vexatious proceeding "includes the following—

        (a)     a proceeding that is an abuse of the process of a court or tribunal;

        (b)     a proceeding commenced to harass or annoy, to cause delay or detriment, or for another wrongful purpose;

        (c)     a proceeding commenced or pursued without reasonable grounds;

        (d)     a proceeding conducted in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose;

"vexatious proceeding order "means any of the following orders made by an Australian court or tribunal—

        (a)     an order that a proceeding be stayed or dismissed for being vexatious; 

        (b)     an order that a person commencing or conducting a proceeding is a vexatious litigant;

        (c)     any other order that requires the person subject to the order to seek leave of an Australian court or tribunal before commencing or continuing a proceeding;

"Victorian court or tribunal" means any of the following—

        (a)     the Supreme Court;

        (b)     the County Court;

        (c)     the Magistrates' Court;

        (d)     the Children's Court;

        (e)     VCAT;

        (f)     VOCAT;

"VOCAT" means the Victims of Crime Assistance Tribunal established by the Victims of Crime Assistance Act 1996 .