Vexatious Proceedings Act 2005

This Act may be cited as the Vexatious Proceedings Act 2005.

This Act commences on a day to be fixed by proclamation.

The dictionary in the schedule defines particular words used in this Act.

This Act does not affect any inherent jurisdiction of a court or tribunal or any powers a court or tribunal has other than under this Act to restrict vexatious proceedings.

Any of the following persons may apply to the Court for a vexatious proceedings order in relation to a person mentioned in section 6(1)(a) or (b)—

the Attorney-General;

the Crown solicitor;

the registrar of the Court;

a person against whom another person has instituted or conducted a vexatious proceeding;

a person who has a sufficient interest in the matter.

An application may be made by a person mentioned in subsection (1)(d) or (e) only with the leave of the Court.

This section applies if the Court is satisfied that a person is—

a person who has frequently instituted or conducted vexatious proceedings in Australia; or

a person who, acting in concert with a person who is subject to a vexatious proceedings order or who is mentioned in paragraph (a), has instituted or conducted a vexatious proceeding in Australia.

The Court may make any or all of the following orders—

an order staying all or part of any proceeding in Queensland already instituted by the person;

an order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland;

any other order the Court considers appropriate in relation to the person.Examples of another order for paragraph (c)—

• an order directing that the person may only file documents by mail

• an order to give security for costs

• an order for costs

The Court may make a vexatious proceedings order on its own initiative or on the application of a person mentioned in section 5(1).

The Court must not make a vexatious proceedings order in relation to a person without hearing the person or giving the person an opportunity of being heard.

For subsection (1), the Court may have regard to—

proceedings instituted or conducted in any Australian court or tribunal, including proceedings instituted or conducted before the commencement of this section; and

orders made by any Australian court or tribunal, including orders made before the commencement of this section.

The Court may, by order, vary or set aside a vexatious proceedings order.

The Court may make the order on its own initiative or on the application of—

the person subject to the vexatious proceedings order; or

a person mentioned in section 5(1).

This section applies if—

the Court sets aside a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Queensland; and

the Court is satisfied that, within 5 years of the vexatious proceedings order being set aside—

the person has instituted or conducted a vexatious proceeding in an Australian court or tribunal; or

the person has acted in concert with another person who has instituted or conducted a vexatious proceeding in an Australian court or tribunal.

The Court may—

by order, reinstate the vexatious proceedings order; and

make any other order the Court considers appropriate in relation to the person, including, for example, an order varying the vexatious proceedings order.

The Court may make an order under subsection (2) on its own initiative or on the application of a person mentioned in section 5(1).

The Court must not reinstate a vexatious proceedings order in relation to a person without hearing the person or giving the person an opportunity of being heard.

This section applies in relation to—

a vexatious proceedings order; or

an order varying or setting aside a vexatious proceedings order; or

an order reinstating a vexatious proceedings order; or

an order made under section 8(2)(b).

The registrar of the Court must arrange for a copy of the order to be—

published in the gazette within 14 days after the order is made; and

entered in a publicly available register kept for the purposes of this Act in the registry of the Court at Brisbane within 7 days after the order is made.

The registrar of the Court may also arrange for details of the order to be published in another way.

Example—

publication on the Court’s website

The registrar of the Court may remove a copy of an order from the register mentioned in subsection (2)(b) if the registrar is satisfied that the person in relation to whom the order was made has died.

If the Court makes a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Queensland—

the person may not institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13; and

another person may not, acting in concert with the person, institute proceedings, or proceedings of the particular type, in Queensland without the leave of the Court under section 13.

If a proceeding is instituted in contravention of subsection (1), the proceeding is permanently stayed.

Without limiting subsection (2), the Court, or the court or tribunal in which the proceeding is instituted, may make—

an order declaring that a proceeding is a proceeding to which subsection (2) applies; and

any other order in relation to the stayed proceeding it considers appropriate, including an order for costs.

The Court, or the court or tribunal in which the proceeding is instituted, may make an order under subsection (3) on its own initiative or on the application of a person mentioned in section 5(1).

This section applies to a person (the applicant) who is—

subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland; or

acting in concert with another person who is subject to an order mentioned in paragraph (a).

The applicant may apply to the Court for leave to institute a proceeding that is subject to the order.

The applicant must file an affidavit with the application that—

lists all occasions on which the applicant has applied for leave under—

this section; or

before the commencement of this section, the Vexatious Litigants Act 1981, section 8 or 9; and

lists all other proceedings the applicant has instituted in Australia, including proceedings instituted before the commencement of this section; and

discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.

The applicant must not serve a copy of the application or affidavit on any person unless—

an order is made under section 13(1)(a); and

the copy is served in accordance with the order.

The Court may dispose of the application by—

dismissing the application under section 12; or

granting the application under section 13.

The applicant may not appeal from a decision disposing of the application.

The Court must dismiss an application made under section 11 for leave to institute a proceeding if it considers—

the affidavit does not substantially comply with section 11(3); or

the proceeding is a vexatious proceeding.

The Court may dismiss the application—

without an oral hearing; or

if the Court considers an oral hearing is necessary—even if the applicant does not appear at the hearing.

If the Court dismisses the application, the Court must give the applicant a copy of—

the order dismissing the application; and

the Court’s reasons.