Supreme Court Act 1933

In this section:

aggrieved person, in relation to proceedings, means a person aggrieved by the institution of those proceedings.

proceedings means any cause, matter, action, suit or proceeding of any other kind within the jurisdiction of any court or tribunal and includes any proceeding taken in connection with any such legal proceedings pending before any court or tribunal.

vexatious proceedings means proceedings—

the purpose of which is to harass or annoy, to cause delay or for some other ulterior purpose; or

that lack reasonable grounds.

If the court is satisfied that a person has frequently instituted vexatious proceedings, the court may declare the person to be a vexatious litigant.

The court may make a declaration—

on its own initiative; or

on the application of—

the Attorney-General; or

an aggrieved person.

If a person is declared to be a vexatious litigant—

the person, or a person acting in concert with the person, shall not institute or continue any proceedings or, for a declaration expressed to apply only in relation to a particular type of matter, proceedings of that type, without the leave of the court; and

any proceedings pending at the time of the declaration or, for a declaration expressed to apply only in relation to a particular type of matter, proceedings of that type, are stayed subject to any order of the court in relation to those proceedings.

If the court gives leave to a person for subsection (4) (a), it may impose the conditions it considers appropriate.

Conditions imposed under subsection (5) in relation to proceedings may include conditions—

relating to security for costs in the proceedings; and

specifying matters relating to the issue of process in the proceedings.

Unless expressed to remain in force until the end of a date specified in the declaration, a declaration remains in force until revoked by the court.

The court may vary a declaration.

Subject to any order of the court, a declaration, or a variation or revocation of a declaration, is a notifiable instrument.

Note Power to make a notifiable instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

If proceedings are instituted by a person in contravention of this section, the proceedings shall be taken to have been permanently stayed.

If practicable, any documents filed or lodged with a court or tribunal by a person in proceedings referred to in subsection (10) shall be returned to the person by the registrar or similar officer of a court or tribunal.

Notwithstanding subsection (4), a person declared to be a vexatious litigant may, without the leave of the court, apply to the court for the revocation or variation of the declaration or of any conditions to which the declaration is subject.