Standing under s 5(1)(d) of the Vexatious Proceedings Act 2005 (Qld) requires characterising at least one proceeding brought against the applicant as 'vexatious', which includes proceedings instituted without reasonable ground such as incompetent appeals. When assessing whether a person has frequently instituted vexatious proceedings under s 6(1)(a), the court may rely on descriptions by other courts of proceedings as vexatious, untenable or oppressive, and the respondent's failure to satisfactorily explain unsuccessful proceedings is a relevant consideration without shifting the onus of proof. The inherent jurisdiction of the court to restrain vexatious proceedings is limited to existing litigation or proceedings against identified parties; a general prohibition on instituting any proceedings requires the statutory power under the Act.
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