Vexatious Proceedings Act 2005 (Qld)

Vexatious Proceedings Act 2005

An Act to restrict vexatious proceedings

Part 1 Introduction

1 Short title This Act may be cited as the Vexatious Proceedings Act 2005.

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

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

4 Inherent jurisdiction and powers not affected 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.

Part 2 Vexatious proceedings orders

5 Applications for vexatious proceedings orders (1) 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)— (a) the Attorney-General; (b) the Crown solicitor; (c) the registrar of the Court; (d) a person against whom another person has instituted or conducted a vexatious proceeding; (e) a person who has a sufficient interest in the matter. (2) An application may be made by a person mentioned in subsection (1)(d) or (e) only with the leave of the Court.

6 Making vexatious proceedings orders (1) This section applies if the Court is satisfied that a person is— (a) a person who has frequently instituted or conducted vexatious proceedings in Australia; or (b) 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. (2) The Court may make any or all of the following orders— (a) an order staying all or part of any proceeding in Queensland already instituted by the person; (b) an order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland; (c) 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 (3) The Court may make a vexatious proceedings order on its own initiative or on the application of a person mentioned in section 5(1). (4) 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. (5) For subsection (1), the Court may have regard to— (a) proceedings instituted or conducted in any Australian court or tribunal, including proceedings instituted or conducted before the commencement of this section; and (b) orders made by any Australian court or tribunal, including orders made before the commencement of this section.