When applying for vexatious proceedings orders under the Vexatious Proceedings Act 2008 (NSW), the court must make specific findings as to whether each proceeding relied upon satisfies the definition of 'vexatious proceedings' in s 6, whether the person has 'frequently' instituted or conducted such proceedings under s 8(1)(a), and whether the discretion should be exercised. A question remains open as to whether the Attorney General may properly seek such orders where one objective is to terminate pending proceedings between the litigant and the State.
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