Making vexatious proceedings orders
6 Making vexatious proceedings orders
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 whom he or she knows is subject to a vexatious proceedings order or who he or she knows is a person mentioned in paragraph (a), has instituted or conducted vexatious proceedings in Australia.
The Court may make any or all of the following orders:an order staying all or part of any proceedings in Tasmania already instituted by the person; an order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Tasmania; any other order the Court considers appropriate in relation to the person including an order as to 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.
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