Vexatious proceedings orders under the Vexatious Proceedings Act 2008 (NSW) may need to be varied to permit challenges to criminal convictions and sentences leading to imprisonment. The conduct of a person in defending criminal proceedings brought against them (as distinct from proceedings they have instituted) raises distinct considerations on a vexatious proceedings application. It is arguable that s 14 leave is not required to appeal from the very orders that impose the vexatious litigant restriction, as such an appeal may fall within s 9. Blanket vexatious proceedings orders may be too broad where the underlying proceedings arise from a single dispute that has been resolved.
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