A court making a vexatious proceedings order under the Vexatious Proceedings Act 2008 (NSW) must specifically identify which proceedings are vexatious and cannot rely on discerning a pattern or features at a level of generality. Vexatious proceedings orders should include exceptions for steps taken in defence of criminal proceedings and for habeas corpus applications. The proportion of vexatious to non-vexatious proceedings is relevant to the exercise of discretion but not to the threshold question of frequency.
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