Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Vexatious Proceedings Restriction Bill 2000
CONTENTS
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Restriction of vexatious proceedings 3
5. Effect of an order to stay proceedings or to prohibit
the institution of proceedings without leave 5
6. Leave to institute proceedings 5
7. Order may be rescinded or varied 8
8. Restriction on a person who is a vexatious litigant in a
court other than a court of this State 8
9. Notification of orders and rescissions or variations of
orders 10
10. Regulations 10
11. Repeal of Vexatious Proceedings Restriction
Act, 1930 10
12. Saving and transitional 10
13. Consequential amendments 11
Schedule 1 -- Consequential amendments
1. District Court of Western Australia Act 1969 amended 12
2. Liquor Licensing Act 1988 amended 12
3. Supreme Court Act 1935 amended 12
page i
136--1
Western Australia
LEGISLATIVE COUNCIL
Vexatious Proceedings Restriction Bill 2000
A Bill for
An Act to --
• restrict the institution of vexatious proceedings;
• amend the District Court of Western Australia Act 1969,
the Liquor Licensing Act 1988, and the Supreme Court
Act 1935;
• repeal the Vexatious Proceedings Restriction Act, 1930,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Vexatious Proceedings Restriction Bill 2000
s. 1
1. Short title
This Act may be cited as the Vexatious Proceedings Restriction
Act 2000.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
3. Interpretation
In this Act, unless the contrary intention appears --
"Court" means the Supreme Court, a Judge, the District Court,
or a District Court Judge;
10 "institute proceedings" includes --
(a) in the case of civil proceedings, the taking of a step or
the making of an application which may be necessary
in a particular case before proceedings can be
commenced against a party;
15 (b) in the case of proceedings before a tribunal, the
taking of a step or the making of an application which
may be necessary in a particular case before
proceedings can be commenced before the tribunal;
(c) in the case of criminal proceedings, the laying of a
20 complaint or the obtaining of a warrant for the arrest
of an alleged offender; and
(d) in the case of civil or criminal proceedings, or
proceedings before a tribunal, the taking of a step or
the making of an application which may be necessary
25 to commence an appeal in relation to the proceedings
or to a decision or determination made in the course
of the proceedings;
page 2
Vexatious Proceedings Restriction Bill 2000
s. 4
"proceedings" includes --
(a) any cause, matter, action, suit, proceeding, trial, or
inquiry of any kind within the jurisdiction of any
court, including a court of summary jurisdiction, or a
5 tribunal;
(b) any proceedings, including interlocutory proceedings,
taken in connection with or incidental to proceedings
pending before a court, including a court of summary
jurisdiction, or a tribunal; and
10 (c) an appeal from a decision or determination, whether
or not a final decision or determination, of a court,
including a court of summary jurisdiction, or a
tribunal;
"vexatious proceedings" means proceedings --
15 (a) which are an abuse of the process of a court or a
tribunal;
(b) instituted to harass or annoy, to cause delay or
detriment, or for any other wrongful purpose;
(c) instituted or pursued without reasonable ground; or
20 (d) conducted in a manner so as to harass or annoy, cause
delay or detriment, or achieve any other wrongful
purpose.
4. Restriction of vexatious proceedings
(1) If a Court is satisfied that --
25 (a) a person has instituted or conducted vexatious
proceedings (whether before or after the commencement
of this Act); or
(b) it is likely that the person will institute or conduct
vexatious proceedings,
page 3
Vexatious Proceedings Restriction Bill 2000
s. 4
the Court may make either or both of the following orders --
(c) an order staying any proceedings, either as to the whole
or part of the proceedings, that have been instituted by
that person;
5 (d) an order prohibiting that person from instituting
proceedings, or proceedings of a particular class,
without the leave of a court or tribunal, as the case
requires under section 6(1).
(2) An order under subsection (1) may be made by the Court on its
10 own motion or on the application of --
(a) the Attorney General;
(b) the Principal Registrar of the Supreme Court or the
Principal Registrar of the District Court; or
(c) with the leave of the Court --
15 (i) a person against whom another person has
instituted or conducted vexatious proceedings; or
(ii) a person who has a sufficient interest in the
matter.
(3) The Court must not make an order under subsection (1) --
20 (a) staying any proceedings that have been instituted by a
person, either as to the whole or part of the proceedings;
or
(b) prohibiting a person from instituting proceedings, or
proceedings of a particular class,
25 without hearing that person or giving that person an opportunity
of being heard.
page 4
Vexatious Proceedings Restriction Bill 2000
s. 5
5. Effect of an order to stay proceedings or to prohibit the
institution of proceedings without leave
(1) Proceedings are not to be instituted in contravention of an order
under section 4(1)(d).
5 (2) If --
(a) despite subsection (1), proceedings are instituted in
contravention of an order under section 4(1)(d); and
(b) those proceedings are struck out by a court or tribunal in
the purported exercise of a power to strike out the
10 proceedings,
the court or tribunal has the power to award costs to the same
extent as if the proceedings had been brought and had been
struck out by the court or tribunal.
(3) Costs awarded under subsection (2) are recoverable in the same
15 manner as if the proceedings could have been instituted in the
court or tribunal and had been struck out by the court or
tribunal.
(4) A subpoena, summons to a witness, warrant, or process
procured to be issued by a person in any proceedings stayed by
20 an order under section 4(1)(c) or instituted by a person in
contravention of an order under section 4(1)(d) is of no force or
effect in law.
6. Leave to institute proceedings
(1) An application for leave to institute proceedings, or proceedings
25 of a particular class (in this section called "the proceedings"),
that is required by an order under section 4(1)(d) is to be
made --
(a) in the case of proceedings in the Supreme Court, to the
Supreme Court or a Judge;
page 5
Vexatious Proceedings Restriction Bill 2000
s. 6
(b) in the case of proceedings in the District Court, to the
District Court or a District Court Judge;
(c) in the case of proceedings in a Local Court, to a Local
Court;
5 (d) in the case of proceedings in a court of summary
jurisdiction, to a magistrate; or
(e) in the case of proceedings before a tribunal, to the
tribunal,
and is to be accompanied by an affidavit in support of the
10 application.
(2) The court or tribunal to which the application for leave is made
may dismiss the application even if the applicant does not
appear at a hearing of the application.
(3) The affidavit accompanying the application for leave is to list
15 all the occasions on which the applicant has made an application
for leave under subsection (1) and to disclose all facts material
to the application, whether supporting or adverse to the
application, that are known to the applicant.
(4) Neither the application nor the affidavit are to be served on any
20 other person unless the court or tribunal orders under
subsection (6) that they are to be served on another person.
(5) The court or tribunal is to dismiss the application for leave if it
considers that --
(a) the affidavit does not disclose everything required by
25 subsection (3) to be disclosed;
(b) the proceedings are vexatious proceedings; or
(c) there is no prima facie ground for the proceedings.
page 6
Vexatious Proceedings Restriction Bill 2000
s. 6
(6) Before the court or tribunal grants an application for leave it is
to --
(a) order that a copy of the application and accompanying
affidavit be served on --
5 (i) the person against whom the proceedings are to
be instituted;
(ii) any person who made an application under
section 4(2)(c) in relation to the applicant; and
(iii) the Attorney General,
10 and
(b) give those persons an opportunity to oppose the
application for leave.
(7) Leave is not to be granted unless the court or tribunal is satisfied
that --
15 (a) the proceedings are not vexatious proceedings; and
(b) there is a prima facie ground for the proceedings.
(8) The applicant and the persons referred to in subsection (6)(a)
are to be given an opportunity to be heard at the hearing of the
application for leave.
20 (9) At the hearing of the application for leave, the court or tribunal
may receive as evidence any record of evidence given or
affidavit filed in connection with an application for leave
mentioned in subsection (3).
(10) The court or tribunal may dispose of the application for leave
25 by --
(a) dismissing the application; or
(b) granting leave to institute the proceedings, subject to
such conditions as the court or tribunal thinks fit.
page 7
Vexatious Proceedings Restriction Bill 2000
s. 7
7. Order may be rescinded or varied
On the application of --
(a) a person in respect of whom there is in force an order
under section 4(1) --
5 (i) staying any proceedings, either as to the whole or
part of the proceedings, that have been instituted
by that person; or
(ii) prohibiting that person from instituting
proceedings, or proceedings of a particular class,
10 without the leave of a court or tribunal;
or
(b) a person referred to in section 4(2),
the court or a judge of the court in which the order was made
may rescind or vary the order.
15 8. Restriction on a person who is a vexatious litigant in a court
other than a court of this State
(1) This section applies if, in the High Court or the Federal Court of
Australia, or in another State or a Territory --
(a) there is in force in respect of a person a declaration that
20 the person is a vexatious litigant; or
(b) there is in force in respect of a person an order that the
person must not, without the leave of a court, institute
proceedings, or proceedings of a particular class, in a
court or tribunal or that any proceedings instituted by
25 the person in a court or tribunal must not be continued
by the person without the leave of a court or tribunal.
(2) While a declaration or order is in force --
(a) any proceedings, or proceedings of the particular class
referred to in the order, as the case may be, instituted by
page 8
Vexatious Proceedings Restriction Bill 2000
s. 8
that person in a court or tribunal of this State are stayed
and the provisions of this Act (other than section 7)
apply, with all necessary modifications, to and in
relation to that person as if an order staying any
5 proceedings or proceedings of the particular class
referred to in the order, either as to the whole or part of
the proceedings, that have been instituted by that person
had been made under section 4(1)(c);
(b) the person is prohibited from instituting proceedings or
10 proceedings of the particular class referred to in the
order, as the case may be, in a court or tribunal of this
State without the leave of the court or tribunal, as the
case requires, under section 6 and the provisions of this
Act (other than section 7) apply, with all necessary
15 modifications, to and in relation to that person as if an
order prohibiting that person from instituting
proceedings, or proceedings of that particular class, as
the case may be, without the leave of a court or tribunal
had been made under section 4(1)(d); and
20 (c) on the application of --
(i) a person in respect of whom a declaration has
been made;
(ii) a person in respect of whom an order has been
made; or
25 (iii) a person referred to in section 4(2),
the Supreme Court may in relation to the institution of
proceedings in a court or tribunal of this State --
(iv) rescind the declaration; or
(v) rescind or vary the order.
page 9
Vexatious Proceedings Restriction Bill 2000
s. 9
9. Notification of orders and rescissions or variations of orders
(1) If an order is made under section 4(1), the Principal Registrar of
the Supreme Court or the Principal Registrar of the District
Court, as the case may be, must publish a copy of the order in
5 the Gazette.
(2) If an order is rescinded or varied under section 7 or 8(2)(c), the
Principal Registrar of the Supreme Court or the Principal
Registrar of the District Court, as the case may be, must give
notice of the rescission or variation in the Gazette.
10 10. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed, for carrying out or
giving effect to the purposes of this Act.
15 (2) Without limiting subsection (1), regulations may provide for the
following --
(a) forms for applications under this Act;
(b) fees for applications under this Act.
11. Repeal of Vexatious Proceedings Restriction Act, 1930
20 The Vexatious Proceedings Restriction Act, 1930 is repealed.
12. Saving and transitional
(1) An application made under the Vexatious Proceedings
Restriction Act, 1930 and pending or in progress on the day on
which this Act comes into operation may be continued and
25 completed as if this Act had not come into operation.
(2) Where, before the day on which this Act comes into operation,
an order has been made under section 3 of the Vexatious
Proceedings Restriction Act, 1930 that no legal proceedings
page 10
Vexatious Proceedings Restriction Bill 2000
s. 13
shall, without the leave of the Supreme Court, be instituted by a
person in the Supreme Court or in any inferior court, the
provisions of this Act apply, with all necessary modifications, to
and in relation to that order and that person as if an order had
5 been made under section 4(1)(d) of this Act.
(3) Nothing in this section affects the operation of the
Interpretation Act 1984.
13. Consequential amendments
Schedule 1 has effect.
page 11
Vexatious Proceedings Restriction Bill 2000
Schedule 1 Consequential amendments
Schedule 1 -- Consequential amendments
[s. 13]
1. District Court of Western Australia Act 1969 amended
(1) Section 5(4) of the District Court of Western Australia Act 1969*
5 ("the Act") is repealed.
(2) Section 88(2) of the Act is amended as follows:
(a) by deleting the full stop after paragraph (h) and inserting
instead a semicolon;
(b) by inserting after paragraph (h) the following paragraph --
10 "
(i) for regulating the practice and procedure in
relation to applications under the Vexatious
Proceedings Restriction Act 2000.
".
15 [* Reprinted as at 1 January 1999.]
2. Liquor Licensing Act 1988 amended
Section 8(5) of the Liquor Licensing Act 1988* is repealed.
[* Reprinted as at 12 June 1998.]
3. Supreme Court Act 1935 amended
20 After section 167(1)(q) of the Supreme Court Act 1935* the following
paragraph is inserted --
"
(r) For regulating the practice and procedure in
relation to applications under the Vexatious
25 Proceedings Restriction Act 2000.
".
[* Reprinted as at 23 July 1999.]
[Index] [Search] [Download] [Related Items] [Help]