Fung v Tam & Anor

[2012] QCA 10

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Vexatious litigants
3. › Declaration as vexatious litigant
4. › Factors relevant to determination
5. › Whether proceedings frequently instituted or conducted were vexatious
6. › Vexatious Proceedings Act 2005 (Qld), ss 5, 6
1. Practice and Procedure
2. › Vexatious litigants
3. › Leave requirement under s 5(2)
4. › Whether leave must be obtained prior to filing application
5. › Whether grant of leave nunc pro tunc cures irregularity
6. › Vexatious Proceedings Act 2005 (Qld), s 5(2)
1. Practice and Procedure
2. › Procedural fairness
3. › Self-represented litigants
4. › Whether judge obliged to adjourn and direct self-represented party to obtain legal representation
1. Courts
2. › Superior courts of record
3. › Jurisdiction
4. › Whether orders of superior court are nullity for procedural irregularity
5. › Distinction between superior and inferior courts

Quick Take

Leave under s 5(2) of the Vexatious Proceedings Act 2005 (Qld) need not be obtained before the application is filed; a grant of leave nunc pro tunc cures any irregularity. The Re Cameron broad test factors remain the applicable framework for determining whether proceedings are vexatious under the Act. A judge is not obliged to adjourn proceedings and direct a self-represented litigant to obtain legal representation in order to satisfy procedural fairness requirements.