Where a person is subject to both the Felons (Civil Proceedings) Act 1981 (NSW) and a vexatious proceedings order under the Vexatious Proceedings Act 2008 (NSW), the Felons Act leave requirement must be determined first; only if leave is granted does the Vexatious Proceedings Act prohibition engage. Section 7 of the Vexatious Proceedings Act excludes applications for leave under the Felons Act from the definition of 'institute' for the purposes of Part 3 of the Vexatious Proceedings Act. Courts making vexatious proceedings orders should consider temporal limits, carve-outs for criminal defence proceedings (including bail applications), and the proportionality of the order having regard to existing constraints such as the Felons Act. The proportion of a person's proceedings that are vexatious is not relevant to the threshold question of 'frequently' but is highly relevant to the discretionary exercise.
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