The Commonwealth Director of Public Prosecutions has standing to apply for vexatious litigant orders under s 4(2)(c) of the Vexatious Proceedings Restriction Act 2002 (WA), both as a person against whom vexatious proceedings have been instituted and as a person with sufficient interest by reason of statutory obligations to consider private prosecutions alleging Commonwealth offences. A finding by a Master that proceedings are an abuse of process is of itself sufficient to satisfy the precondition under the Act that a person has instituted vexatious proceedings. A pending appeal may be stayed as part of a vexatious proceedings order where the appeal is itself vexatious, though special care and restraint should be exercised before making such an order.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
1 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.