Preparation and tender of a false document to a court, combined with presence in court indicating willingness to give evidence in support of the prosecution, constitutes 'active steps' to maintain a prosecution for the purposes of the tort of malicious prosecution. However, a mere failure to disclose knowledge of fabricated evidence, without more, is insufficient. The words 'arising out of a wrongful act or omission' in s 3 of the Law Reform (Vicarious Liability) Act 1983 refer only to a direct and immediate relationship between the tort and the wrongful acts, and do not extend to background wrongful acts that need not be proved as essential ingredients of the tort.
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