The word 'frequently' in s 8(1)(a) of the Vexatious Proceedings Act 2008 (NSW) is a relative term assessed in the context of the litigation, and the number of proceedings can be quite small if they represent attempts to re-litigate issues already determined. The 2008 Act differs from the repealed s 84 in three significant respects: it enables the Court to consider the conduct of proceedings (not just their institution), including interlocutory applications and courtroom behaviour; it applies to proceedings in any Australian court or tribunal; and the threshold is 'frequently' rather than 'habitually and persistently'.
The full text is available to signed-in members, including the 42 later cases that cite this judgment.
4 of the 42 citing cases carry a classified treatment. How each court treated it is available to signed-in members.