The Vexatious Proceedings Act 2008 (NSW) operates of its own force and cannot be waived by a party's failure to raise it at first instance. The Act's provisions are of utmost generality and extend to applications for writs of habeas corpus, notwithstanding the fundamental importance of that remedy. Exceptions carved out in vexatious proceedings orders for interlocutory proceedings in pending criminal appeals do not extend to fresh proceedings for habeas corpus in the Court's original jurisdiction.
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