The test of 'frequently' under s 8(1)(a) of the Vexatious Proceedings Act 2008 (NSW) is less onerous than the former test of 'habitually and persistently' under s 84 of the Supreme Court Act 1970 (NSW). 'Frequently' is a relative term to be assessed in the context of litigation. Under s 8(2), the court may have regard to proceedings in any Australian court or tribunal, not just NSW courts. The court is entitled to have regard to the findings and views of judicial officers in the proceedings relied upon, while forming its own independent view.
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