Vexatious Proceedings Act 2005

section 3

Australian court or tribunal means a court or tribunal of the Commonwealth or of a State.

Court means the Supreme Court.

Court’s website means the website administered by the Supreme Court Library for the Court and other courts.

Editor’s note—

The website may be viewed at .

decision includes determination.

institute, in relation to proceedings, includes—

for civil proceedings—the taking of a step or the making of an application that may be necessary before proceedings can be started against a party; and

for proceedings before a tribunal—the taking of a step or the making of an application that may be necessary before proceedings can be started before the tribunal; and

for criminal proceedings—the making of a complaint or the obtaining of a warrant for the arrest of an alleged offender; and

for civil or criminal proceedings or proceedings before a tribunal—the taking of a step or the making of an application that may be necessary to start an appeal in relation to the proceedings or to a decision made in the course of the proceedings.

order includes declaration and injunction.

proceeding includes—

any cause, matter, action, suit, proceeding, trial, complaint or inquiry of any kind within the jurisdiction of any court or tribunal; and

any proceeding, including any interlocutory proceeding, taken in connection with or incidental to a proceeding pending before a court or tribunal; and

any calling into question of a decision, whether or not a final decision, of a court or tribunal, and whether by appeal, challenge, review or in another way.

proceedings of a particular type includes—

proceedings in relation to a particular matter; and

proceedings against a particular person; and

proceedings in a particular court or tribunal.

vexatious proceeding includes—

a proceeding that is an abuse of the process of a court or tribunal; and

a proceeding instituted to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and

a proceeding instituted or pursued without reasonable ground; and

a proceeding conducted in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.

vexatious proceedings order means an order made under section 6(2).